By Ongaga Ongaga
Amnesty International Kenya has expressed grave concern over the reported abduction of Kenyan businessman Athorbey Al-Gaddhaffy-Dit, also known as Gadafi Athorbey Guet, and warned against any attempt to deport him to South Sudan.
In a statement issued on Wednesday and signed by Amnesty International Kenya Section Director George Morara, the human rights organization said credible information indicated that the businessman was forcibly taken by armed and masked individuals at around 3:00 a.m. in Nairobi.
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According to Amnesty, there are fears that Al-Gaddhaffy-Dit may be detained at Jomo Kenyatta International Airport and could be facing imminent deportation to South Sudan.
“This constitutes a serious and urgent threat to his life, safety, and fundamental rights,” Morara said in the statement.
The organization described the incident as bearing the hallmarks of an enforced disappearance, terming it a grave violation of both Kenyan and international law.
“Such actions are illegal, unacceptable, and incompatible with a democratic society governed by the rule of law,” Amnesty stated.
The rights body reminded state agencies that every person in Kenya is entitled to liberty, security and protection from arbitrary arrest or detention. It emphasized that any arrest must be lawful, transparent and properly documented, and that detainees must be informed of the reasons for their arrest and granted immediate access to legal counsel, family members and medical care.
Amnesty further stressed that any person arrested must be presented before a court within the timelines prescribed by the Constitution.
The organization issued a series of demands to authorities, including the immediate disclosure of Al-Gaddhaffy-Dit’s whereabouts, guarantees for his safety and physical integrity, and unrestricted access to his family and legal representatives.
It also called for “a prompt, independent and transparent investigation into his abduction” and accountability for all those responsible, regardless of their position or affiliation.
“If Mr. Gaddhaffy-Dit is suspected of any offense, the only lawful course of action is to proceed through Kenya’s justice system, not through abduction, incommunicado detention, and deportation,” the statement said.
Amnesty urged Kenyan authorities to act without delay and prevent any removal of the businessman from the country’s jurisdiction before due legal process is followed.
“We call on all relevant authorities to act immediately and stop his removal from Kenyan jurisdiction and the protection of our courts. Every hour without information increases the risk of irreparable harm,” Morara said.
The organization maintained that all persons within Kenya are entitled to the full protection of the Constitution and called on authorities to demonstrate their commitment to upholding the rule of law and safeguarding human rights.
