We want justice, Supkem says after arrest of Lawyer Furqan Chacha

Known for many years for standing in courtrooms and defending people arrested over terrorism allegations, it is a case of reversed roles as Nairobi lawyer Furqan Chacha Mwita finds himself in detention over the same allegations he has battled with prosecutors in court.

The lawyer was arrested on Friday, November 14, while at the Muslims for Human Rights (MUHURI) offices in Mombasa by officers from the Anti-Terrorism Police Unit (ATPU). The police claimed his arrest was linked to a web of terrorism-related financing and radicalization.

The arrest also saw the detention of nine individuals whom police say are part of a network of people involved in ISIS financing and recruitment.

Reacting to the arrest, the chairman of the Supreme Council of Kenya Muslims (SUPKEM), Al Hajj Hassan Ole Naado has called for the due process of law to be followed as he expressed fears that he may be denied his due rights—a common feature in cases related to terrorism. “We urge that the authorities follow the due process of law, he should be provided with all his rights, including being released on bail, as this is his due right as a citizen,” he said.

“If the police are claiming that they have overwhelming evidence after conducting lengthy investigations and surveillance, they should not ask the court to hold him for more days. What is the use of stating that you have gathered enough evidence, yet you want to ask more time to hold him as you carry out further investigations?” he asked.

The chairman also faulted the arrest made on Friday, saying that it was deliberately meant to keep him in detention over the weekend and forestall attempts to release him on police bond. “Furqan is a prominent lawyer, he is not a flight risk. They should have instead summoned him to the station, and he would have presented himself rather than humiliating him,” he said.

The MUHURI chairman Khelef Kalifa faulted the arrest, saying that it was unwarranted, as the allegations against him form part of his work as an advocate. “This is harassment and intimidation. They are saying that he received funds from terrorist suspects. As a lawyer, he has a right to represent any person, and it is not his business to know the source of funds paid to him for his legal services,” he said.

Human rights activist Al Amin Kimathi said the arrest of Furqan Chacha was due to his zealous efforts to provide legal representation to people accused of involvement in terrorism. “For a long time, he has been profiled for giving legal representation to people who are accused of abetting terrorism. This is his work as an advocate,” he said.

“These accusations are absurd, he has been representing the poor for the sake of Allah,” said Fatuma Saman, former Commissioner with the Independent Police Oversight Authority (IPOA).

For several years, the lawyer has been at the forefront in representing individuals accused of involvement in terrorism. He has also strongly spoken out against police excesses in enforcing the law, particularly extra judicial killings and enforced disappearances of individuals allegedly involved in acts of terrorism, particularly during the past administrations.

Furqan Chacha Mwita is a past recipient of the Human Rights Defenders (HRD) award, where he was recognized for offering pro bono legal assistance to the indigent. “He focuses on access to justice for people living with HIV who were stigmatized at their places of work, victims of torture, extra judicial executions and enforced disappearances, and excesses in combating terrorism,” said the Working Group on Human Rights Defenders, a network of diplomatic missions and civil society organizations that organizes the annual awards.