Sheikh Wants To Remain In Police Custody After Being Acquitted

The Muslim cleric was arrested in 2018 and is being detained at the Kamiti Maximum Prison on terrorism-related allegations.

He refused to be handed over to his relatives in court after being acquitted, claiming he was afraid he would be assassinated like other terror suspects who had vanished without a trace after being released.

He claimed that if he is allowed to return home, state security officials will execute him.

“It is the High Court which is vested with the power to interpret the Constitution, then give orders it deems fit,” the court ruled while receiving his petition.

His case has rekindled the discussion in Kenya concerning enforced disappearances.

Sheikh Guyo's lawyer, John Khaminwa, pleaded for him to stay in Kamiti, citing the state's responsibility to protect citizens' rights under the Bill of Rights.

“Your honour, I pray you direct Sheikh Guyo Garso to remain in Kamiti, even after you have declared him a free man. He fears for his life,” his defense lawyer, John Khaminwa, implored. 

“One of the fundamental rights of a citizen is the right to life. I undertake to pay for his subsistence while in Kamiti until further orders are made by the High Court over his right to live.”

Sheikh Guyo will be held in Kamiti prison for 30 days while pursuing his High Court case to compel the government to protect him.

He will be released after 30 days. However, he must reimburse the government for his time in the facility.