Veteran human rights defender and director of Muslims for Human Rights (Muhuri), Khelef Khalifa, was released after being detained for nearly four hours by a multi-agency team of police officers in Malindi, Kilifi County. The incident, which took place on a Saturday morning, has sparked concerns about the treatment of human rights activists and the methods employed by law enforcement agencies.
Khalifa, who was en route to attend a family wedding in Malindi, was stopped at Mida Creek, just before Watamu, by officers conducting what they described as a routine security check. According to Kilifi County Police Commander Fatuma Ali, the incident escalated when Khalifa allegedly refused to cooperate with the officers.
“Nobody is above the law,” Ali stated. “The man refused to obey orders during a routine police check. But in the end, the problem was resolved.”
However, Khalifa tells a different story. Speaking to The Star after his release, he recounted his experience, which he described as a clear violation of his rights. “I was driving with my family to Malindi when all of a sudden, these people stopped us, asking us to come out of the car,” he said. “I asked them a very simple question: Why were they covering their faces? I could not recognize them.”
Khalifa further explained that the officers were not displaying their name tags, a requirement mandated by law, and they refused to identify themselves when asked. Despite his protests, the officers allegedly took his car keys and ID card before detaining him at Malindi Police Station, where he was held for nearly three hours.
The Muhuri director expressed his dismay at the situation, emphasizing that the officers’ refusal to follow proper identification protocols raised serious concerns. “They had no name tags on them as ordered by the courts. In fact, it is in law that they have to identify themselves and display their name tags on their uniform,” Khalifa said.
Police Commander Fatuma Ali maintained that Khalifa had failed to comply with standard security procedures, which contributed to the prolonged encounter. “It was a friendly police security check,” she remarked, downplaying the incident. However, Khalifa argued that the officers’ actions were far from routine, describing their behavior as threatening and intimidating.
After being detained and booked, Khalifa was forced to pay a Sh10,000 bond before being released. He has since announced his intention to sue the officers involved, accusing them of infringing on his rights and harassing his family. “I stood my ground,” he said, vowing to seek justice for what he perceives as an unlawful detention.
Muhuri’s rapid response officer, Francis Auma, expressed deep concern over the incident, highlighting the fear it has instilled within the human rights community. “We are worried,” Auma said. “He is a senior human rights defender in the country, not a criminal. What they did to him and his family is criminal.”
The detention of Khalifa has also drawn the attention of prominent figures, including former Chief Justice Willy Mutunga. In a post on his X (formerly Twitter) account, Mutunga criticized the police for their treatment of Khalifa and his family, suggesting that the arrest was an attempt to intimidate activists. “Why are they arresting the family? The police are now arresting activists in the presence of their families to intimidate them as well,” Mutunga wrote.
The incident involving Khelef Khalifa raises pressing questions about the conduct of law enforcement in Kenya, particularly in their interactions with human rights defenders. As Khalifa prepares to take legal action, the case is likely to reignite debates over police accountability and the protection of civil liberties in the country. For many, the ordeal serves as a stark reminder of the ongoing challenges faced by those who stand up for human rights in Kenya.
