Kamilya Mohammedi Tuweni v Kenya's Commissioner of Police et al
On 7 January 2007, Kamilya Mohammedi Tuweni, a citizen of the United Arab Emirates, traveled to Kenya on business from Dubai where she lives. Two days later, while staying in a hotel in the town of Malindi, she and a colleague were detained by armed men who said they were from the Kenyan Counter Terrorism Force. She was taken to Mombasa and then Nairobi where she was held at police headquarters and accused of belonging to Al Qaeda, which she denied. She was not allowed to contact her embassy nor, initially, a lawyer. The police sought a bribe to release them, but they refused to pay. They were kept in squalid conditions for a week. Her colleague was then released and three men who had custody of her drove her for three hours to the Tanzanian border. The Tanzanians refused to accept her, saying her papers were in order and she should be allowed to remain in Kenya. The Kenyans then drove her another two hours where she was kept underground at another police station in very poor conditions. The next day she was driven for a further three hours and forced onto a plane at a small airport, was beaten, hooded and handcuffed.
She was flown to a war zone in Somalia and held in terrible conditions there with 23 other women, afraid for her life given the sound of bombs falling and nearby gunfire. After 10 days she was flown to somewhere between Somalia and Ethiopia and spent a night outside in very cold conditions with no shelter. The next day she was taken to Ethiopia where she was held in a cell until 27 March 2007, and then released. She returned to Dubai on 25 March 2007 after her two-and half-month ordeal, during which time she also endured beatings, was threatened with rape and narrowly escaped being sold for drugs.
Ms Tuweni suffered, amongst other things, Post Traumatic Stress Disorder as a result of her degrading and inhuman treatment, and brought a claim in the Kenyan High Court in 2009 for relief including a declaration that Kenya was responsible for violation of her constitutional rights, that Kenya was also responsible for the violations she suffered in Somalia and Ethiopia, and for exemplary damages. The case has been long delayed as the court papers went missing or were misfiled, but in 2014 the State filed an opposing affidavit denying responsibility. The case was heard on 14 September 2015 when Ms Tuweni gave evidence from London by video link to the court in Nairobi.
- Read the redacted 11 June 2009 petition before the High Court of Kenya
- Read Kamilya Mohammedi Tuweni's redacted affidavit
- Read the respondents' redacted replying affidavit from 27 August 2014