Amnesty raises alarm over arrest of Turkish family in Kenya, warns of risk of refoulement

Amnesty International has issued an urgent appeal to Kenyan authorities over the arrest of Turkish national Mustafa Güngör and members of his family.

Amnesty said Güngör was arrested alongside his wife Zeliha, their daughters Seniha Betül and Zeynep and his in-laws Zümrüt and Salim.

The lobby group said it had “reliably learnt” that Turkish authorities sought his arrest through a Mutual Legal Assistance request sent to the Office of the Attorney General of Kenya.

“Kenya has an obligation under international law not to return anyone to a country where they face persecution or harm,” Amnesty said.

It urged the Directorate of Criminal Investigations and other authorities to respect the principle of non-refoulement, ensure due process and allow the family continued access to lawyers, the UN Refugee Agency and the Judiciary.

Amnesty officers said they were present at the DCI offices in Upper Hill together with the family’s lawyers to monitor the situation.

The case has reignited scrutiny of Kenya’s handling of Turkish nationals sought by Ankara, particularly in the context of allegations that some have been forcibly returned despite court orders or pending asylum claims.

Over the past decade, rights groups have documented several cases in which Turkish teachers, businessmen and professionals were arrested in Kenya and subsequently deported to Türkiye.

The arrests are often in connection with accusations by the Turkish government of links to the Gülen movement, which Ankara labels a terrorist organisation.

On October 18 last year  seven Turkish asylum seekers were abducted in Nairobi and four of them were later sent to Turkey.

Mustafa Genç, his son Abdullah Genç, Hüseyin Yeşilsu, Necdet Seyitoğlu, Öztürk Uzun, Alparslan Taşçı, and his wife Saadet Taşçı were reportedly kidnapped by unknown individuals.

While Abdullah Genç, Seyitoğlu and Taşçı were released, Uzun, Taşçı and Yeşilsu were refouled, a serious violation of international law.

One of the most cited cases occurred in 2018, when Turkish educator Selahaddin Gülen and businessman Mesut Kacmaz were abducted and later surfaced in Türkiye.

Kenyan authorities denied involvement, but the High Court later ruled that the deportations were illegal and violated the men’s constitutional rights.

Similar findings have been made in subsequent cases, with courts affirming that Kenya is bound by its constitution and international treaties to protect individuals from refoulement.

Under Article 2(6) of the constitution, international law forms part of Kenyan law, including the 1951 Refugee Convention and the Convention Against Torture, both of which prohibit the return of individuals to countries where they face a real risk of torture or persecution.

Kenyan courts have repeatedly held that this protection applies regardless of the individual’s immigration status.

Amnesty said the involvement of an MLA request raised further concerns about transparency and due process.

While Kenya and Türkiye have mechanisms for legal cooperation, rights groups argue that such requests must not override fundamental human rights safeguards.

“The authorities must ensure Mustafa Güngör and his family are not secretly transferred out of the country,” Amnesty said.

It urged agencies to act in accordance with the law and past court rulings.