Mohammed Abdul Bajabu, a Kenyan citizen detained at Guantanamo Bay for nearly 18 years without charges, has been released and repatriated to Kenya. His release, announced by the United States Pentagon on December 17, 2024, marks the first release from the wartime prison in over a year.
A Long Journey of Detention
Bajabu was one of the 780 prisoners brought to Guantánamo Bay under the administration of President George W. Bush in the aftermath of the 9/11 attacks. Accused of ties to Al Qaeda and plotting attacks against Israeli tourists in Kenya, Bajabu’s case was shrouded in allegations but never culminated in formal charges or a trial.
In particular, an intelligence report linked Bajabu to the November 28, 2002, terrorist attack in Mombasa, Kenya. This incident involved a car bomb targeting an Israeli-owned hotel, killing 13 people, most of whom were Kenyans. Following the attack, Bajabu was arrested by Kenyan authorities in February 2007 and was subsequently transferred to U.S. custody.
For the next 18 years, Bajabu remained imprisoned at Guantánamo Bay, a detention facility known for holding terrorism suspects under contentious legal circumstances.
Legal Advocacy and Review
Despite the grave accusations against him, Bajabu was never formally charged with a crime, raising questions about due process and human rights violations. His lawyer, Mark Maher, worked tirelessly to secure his release. With the help of Reprieve, a London-based human rights organization, Maher petitioned the U.S. Periodic Review Board, which ultimately approved Bajabu’s transfer.
Reprieve, which has a long history of advocating for detainees at Guantánamo Bay, played a pivotal role in coordinating legal efforts and ensuring that Bajabu’s case remained a subject of international attention.
Family and Future
Bajabu’s return to Kenya was welcomed by his family. His lawyer revealed that Bajabu has two sisters living in Kenya and a wife and children residing in Somalia. The family is expected to reunite and settle in Kenya.
While his release is a relief for his loved ones, Bajabu’s reintegration into society poses challenges. Having spent almost two decades in detention under severe conditions, he will likely require substantial support to rebuild his life.
The Broader Context of Guantánamo Bay
Guantánamo Bay has long been criticized for its controversial detention practices, including holding individuals without charges and allegations of torture. Established in 2002 during the U.S.-led War on Terror, the facility housed detainees suspected of ties to terrorist organizations.
At its peak, Guantánamo Bay held 780 prisoners. Over the years, successive U.S. administrations have worked to reduce the number of detainees, with efforts gaining momentum under President Barack Obama. Bajabu’s release reduces the number of prisoners to 29, a stark contrast to the facility’s early years.
The Biden administration has expressed its commitment to closing Guantánamo Bay, emphasizing the need for legal transparency and accountability. Bajabu’s release is seen as part of this ongoing effort.
Public and Legal Implications
Bajabu’s case raises critical questions about the ethics and legality of prolonged detention without trial. Human rights advocates argue that such practices undermine the principles of justice and accountability.
For Kenya, Bajabu’s repatriation highlights the country’s role in counterterrorism efforts and its cooperation with international partners. It also underscores the importance of balancing security concerns with respect for human rights.
A New Chapter
As Bajabu begins a new chapter in Kenya, his story serves as a stark reminder of the complexities surrounding global counterterrorism measures. While his release marks a personal victory for his family and legal team, it also reignites the global debate on the future of Guantánamo Bay and the need for justice systems that uphold fundamental rights.
The road ahead for Bajabu and other former detainees will require resilience and support, as they navigate the challenges of reintegration after years of incarceration.
