The decision, made by Principal Magistrate Gideon Kiage on December 22, followed a request from the Directorate of Criminal Investigations (DCI) and the Office of the Director of Public Prosecutions (ODPP) to allow more time for inquiries.
Güngör, who has been living in Kenya for over 15 years as an established refugee, was detained alongside his wife and children for alleged links to the Gülen movement, a Turkish organization accused by President Recep Tayyip Erdoğan’s government of involvement in the failed 2016 coup attempt and labeled a terrorist entity.
Güngör, who has been living in Kenya for over 15 years as an established refugee, was detained alongside his wife and children for alleged links to the Gülen movement, a Turkish organization accused by President Recep Tayyip Erdoğan’s government of involvement in the failed 2016 coup attempt and labeled a terrorist entity.
Güngör’s family and lawyers from Amnesty International Kenya, the Law Society of Kenya, and Global Peace argued that prolonged pretrial detention could be excessive and unnecessary, given his long-standing peaceful residence in Kenya.
Despite these concerns, the court allowed the detention to continue while confirming that visits for the family would be arranged. The next hearing is scheduled for December 30, where the magistrate will consider further legal proceedings.
Human rights advocates have raised alarms that holding Güngör without formal charges for an extended period may violate refugee protections under Kenya’s 2021 Refugee Act.
Despite these concerns, the court allowed the detention to continue while confirming that visits for the family would be arranged. The next hearing is scheduled for December 30, where the magistrate will consider further legal proceedings.
Human rights advocates have raised alarms that holding Güngör without formal charges for an extended period may violate refugee protections under Kenya’s 2021 Refugee Act.
Amnesty International and other rights groups warned that Güngör and his family could face the risk of “refoulement,” the practice of forcibly returning individuals to a country where they may be persecuted.
This case marks the third known instance of Turkish nationals being detained in Kenya over alleged ties to the Gülen movement.
This case marks the third known instance of Turkish nationals being detained in Kenya over alleged ties to the Gülen movement.
In October 2024, four Turkish refugees were forcibly returned to Turkey despite UN protection, sparking international criticism.
Similarly, in August 2021, Turkish businessman Harun Aydin was detained at Nairobi’s Wilson Airport and deported without facing formal charges.
Güngör’s detention has attracted attention due to his long-term residency in Kenya and his status as a recognized refugee.
Güngör’s detention has attracted attention due to his long-term residency in Kenya and his status as a recognized refugee.
Authorities claim that investigations are necessary to determine potential funding or operational links to the Gülen network. The DCI has indicated that the inquiry will also consider broader networks and financial transactions connected to the movement.
Human rights organizations emphasize that Kenya is legally bound to provide protection to refugees, including safeguarding them from arbitrary detention and forcible repatriation to countries where they face danger.
Human rights organizations emphasize that Kenya is legally bound to provide protection to refugees, including safeguarding them from arbitrary detention and forcible repatriation to countries where they face danger.
Amnesty International’s Kenya chapter highlighted the ongoing risks for Güngör, noting that previous deportations have involved arbitrary detention and mistreatment for individuals linked to the Gülen movement.
The government’s position reflects a balancing act between national security concerns and adherence to international legal obligations.
The government’s position reflects a balancing act between national security concerns and adherence to international legal obligations.
Authorities have stressed the need for careful investigation before any prosecution or deportation to ensure compliance with Kenya’s refugee laws and global human rights standards.
Meanwhile, Güngör’s family has expressed deep concern about his detention and the potential implications for their safety and wellbeing.
Meanwhile, Güngör’s family has expressed deep concern about his detention and the potential implications for their safety and wellbeing.
Lawyers representing the family continue to advocate for fair legal procedures, emphasizing that pretrial detention should not infringe on the fundamental rights guaranteed under Kenyan law.
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