The family of a Mombasa-based businessman Zakariya Kamal abducted in broad daylight by suspected Anti-Terrorism Police Unit (ATPU) officers and deported to Somalia is appealing to the State to return him to the country.
Kamal was arrested in May by ATPU in Mombasa and presented at Shanzu Law Courts. He was being investigated for illegally importing assorted weapons in three containers from China on behalf of the dreaded Al Shabaab terror group in Somalia.
He was released on a bond of Ksh 1.1million and was required to report every Monday to the Mombasa ATPU office as part of the bond conditions.
Lawyer Jared Magolo says his client was arrested near the General Post Office (GPO) along Digo road and ‘all efforts to get to know his location have not been fruitful.’
After several visits to different police stations, Lawyer Magolo said the family was forced to make an application for habeas corpus seeking that he be produced in court. The matter is still pending.
Over the weekend the lawyer disclosed they got reports through social media that Kamal was arrested in Somali by Somali security personnel while trying to join Al Shabaab.
A post on its official verified X Social media account, Somalia National Intelligence and Security Agency (NISA) Friday said they had apprehended Kamal for procuring weaponry and explosives from foreign sources solely to arm the Kharijite adversary and inflict harm upon the innocent Somali people.
His advocate suspects that he was handed over to Somalia by Kenya terming the move a clear breach of his client’s constitutional rights. “It will be unfortunate that a person can be arrested here and transported to a foreign country with hardly a recognized legal system,” he said.
Zakaria’s uncle Yusuf Sufi said the family was still in shock over the incident adding the suspect is a Kenyan citizen by birth.
Muslim for Human Rights (MUHURI) Director Khelef Khalifa said cases of kidnapping are rampant claiming some of the suspects stay in illegal detention for months and then they are set free.
He urged the police to always identify themselves and give the reason before arresting a suspect as stipulated in the law even as he advised Kenyans to resist arrest from people who don’t identify themselves.
“The police must show that they obey the law before expecting members of the public to respect, them,” he said urging CS for Internal security to get rid of officers who disobey the law.
