Kenyan held at Guantanamo for 17 years ‘never charged’
A Kenyan citizen, Mohammed Abdulmalik, was held at Guantanamo Bay for 17 years without ever being charged with a crime. Legal testimony in a Kenyan court highlights the harsh conditions of his detention and the lack of formal extradition proceedings.
Why it matters
The case raises significant human rights concerns regarding indefinite detention and the legal processes surrounding international counter-terrorism efforts.
Milimani Law Court The High Court has heard that a Kenyan citizen transferred to US custody was held at Guantanamo Bay without ever facing a charge.
American attorney Frank Panopoulos, in his testimony before Justice David Mburu at the Milimani High Court, said Mohammed Abdulmalik was detained from 2007 until his 2024 release.
"He was never charged with anything. He was held indefinitely without charge, what is known as a forever prisoner in the common parlance," Panopoulos said, adopting an affidavit dated July 23, 2026.
He described the prison as "very strict and even harsh", with detainees shackled during transport and visits, inadequate medical care and temperatures above 100°F.
He cited a UN Special Rapporteur's report of June 14, 2023, marked as exhibit FP6, which he said described conditions as "near to being torture".
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