The government has decided to keep the Turkish national, Mustafa Gungor, in custody until December 30, as ruled by the court. Gungor was arrested during a midnight raid on Sunday. On December 22, Principal Magistrate Gideon Kiage postponed the sentencing at the request of the DCI and the Office of the Director of Public Prosecutions (ODPP), allowing more investigations to continue. The next court hearing is scheduled for Tuesday, December 30.
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Gungor has lived in Kenya for over 15 years and is recognized as a refugee.
He was detained along with his wife and children on the night of December 21, accused of being connected to the Gulen movement and funding terrorism. His family, friends, and lawyers from Amnesty International Kenya, the Law Society of Kenya, and Global Peace attended the court hearing. They argued that his pretrial detention was too long and unnecessary.
Despite these arguments, the magistrate ruled that Gungor should remain in custody but allowed for visits and confirmed he would appear for the December 30 court date.
Human rights activists warned that keeping a refugee in detention without formal charges for so long violates Kenya’s 2021 Refugee Act.
They also highlighted that Gungor had lived peacefully in Kenya for years and was protected under refugee status.
However, authorities claimed he was linked to the Gulen movement, a group that Turkish President Recep Tayyip Erdogan has labeled a terrorist organization since the 2016 failed coup. The movement denies these claims.
This is the third known case of Turkish nationals being detained in Kenya over alleged connections with the Gulen movement.
In October 2024, four Turkish refugees were forcibly sent back to Turkey despite international protections, which drew criticism. In August 2021, a Turkish businessman named Harun Aydin was arrested at Nairobi’s Wilson Airport on similar charges and deported without being charged.
Human rights groups pointed out that returning a refugee to a country where they might face persecution violates international law and Kenya’s 2021 Refugee Act.
Amnesty International warned that Gungor and his family were at risk of "refoulement," a term used for the practice of sending people back to countries where they could be harmed, especially those linked to the Gulen movement.