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Turkish refugee suspected of terror links freed on bond
Mustafa Güngör, a Turkish refugee living in Kenya for 16 years, remains in ATPU custody after the State requested 15 days to investigate his alleged ties to terrorism based on a Mutual Legal Assistance (MLA) request from the Turkish government.
A Turkish national who was arrested more than a week ago over alleged terror links has been released on personal bond of Sh1 million.
A Kahawa court directed Mustafa Güngör to execute the bond before being released.
The Turkish will also be required to report to the Anti-Terrorism Police Unit (ATPU) every week. The court also ordered him to deposit his passport and refugee card with investigators.
Mr Güngör was arrested shortly after midnight on December 21 at the Standard Gauge Railway’s Nairobi Terminus after arriving from Mombasa.
The ATPU officers said they acted on reasonable suspicion of his involvement in terrorism-related activities.
According to court papers, the arrest was triggered by a Mutual Legal Assistance (MLA) request from Türkiye seeking cooperation in terrorism charges pending against Mr Güngör before the Kahramanmaraş Second High Court.
The Director of Public Prosecutions (DPP) had asked the court to authorize Mr Güngör’s detention at ATPU headquarters for 15 days, allow forensic examination of his electronic devices, and permit searches at his Kileleshwa residence.
Appearing before the court on Tuesday, the prosecution said the police had already extracted substantial data from his mobile phone, which was seized during the arrest.
The court heard that the data was being analysed and was assisting the police with investigations.
“The investigators are of the view that he can be released on free bond and the case be mentioned in a month’s time so that we can appraise the court on the status of investigations,” the prosecution submitted.
The defence team, led by Law Society of Kenya (LSK) vice president Mwaura Kabata, told the court that the Turkish national has no plans of fleeing the country. He added that he is a father and a member of a large community in Kenya and has lived and worked in Kenya for 16 years.
In the ruling, the court directed Mr Güngör to deposit his passport and refugee card with the investigations, pending directions on February 3.
ATPU officer Richard Ngatia said in an affidavit that Mr Güngör was being probed for offenses under the Prevention of Terrorism Act, including financing terrorism, recruiting members, and being part of a terrorist group.
Mr Ngatia indicated to the court that the suspect had “operational links, communication channels, and ideological alignment with extremist and terrorist networks,” adding that some alleged associates remained at large.
He had warned that releasing Mr Güngör would risk interference with witnesses and compromise investigations, especially given his access to encrypted communication platforms.
“Investigations conducted thus far have established that Mr Güngör maintains operational links, communication channels, and ideological alignment with extremist and terrorist networks, some of whose members are still at large,” said Mr Ngatia in the affidavit.
“There is, therefore, a high likelihood that the respondent, if released, may interfere with witnesses, compromise confidential informants, intimidate potential witnesses, or otherwise obstruct the course of justice, thereby seriously prejudicing ongoing investigations,” added the officer.
The defence team, however, said the man left his country many years ago and sought refuge in Kenya.
The court heard that Mr Güngör was a teacher and that his residence and workplace were known to authorities.
