Abdulmalik Mohamed is a Kenyan national, a Luo, originally from Kisumu in western Kenya. Abdulmalik was captured by Kenyan Anti-Terrorism Police in Mombasa in March 2007. In unclassified statements, Abdulmalik has described being held incommunicado and abused by Kenyan police for several weeks in Mombasa and Nairobi, before being handed to US personnel at an airport.
Abdulmalik was then rendered to Guantanamo Bay, via secret detention in Djibouti and Afghanistan. Abdulmalik remains detained at Guantanamo Bay, held without charge. The US has no plans to prosecute Abdulmalik, so he remains held in a legal limbo.
For Abdulmalik’s unclassified account of his capture and journey through the US secret prison system to Guantanamo Bay, we invite you to read this unclassified statement from Abdulmalik himself, as told to his American lawyer.
Kenya has long attempted to deny any responsibility for Abdulmalik through denying that it captured and handed him to the US, and denying his Kenyan citizenship. However, official unclassified US government documentation released through habeas proceedings in the US confirms both that Abdulmalik was handed to the US by Kenya, and that he is a Kenyan citizen.
Abdulmalik currently has a constitutional case pending in the Kenyan courts, asserting that his capture, detention and rendition to US custody with no judicial oversight by Kenyan police officers was a violation of his constitutional rights. You can read the main pleadings in this case below.