The Pentagon has announced the transfer of Mohammed Abdul Malik Bajabu, a Kenyan national, from the Guantanamo Bay detention facility back to Kenya. This is the first detainee transfer from the notorious detention center in over a year.
Bajabu’s transfer follows a December 2021 decision by the Periodic Review Board (PRB), which concluded that his continued detention was unnecessary to protect the United States from significant national security threats. Secretary of Defense Lloyd Austin officially notified Congress of the intent to repatriate Bajabu last month.
Detained in 2007, Bajabu was accused of being a facilitator for al-Qaeda in East Africa but was never charged with a crime. A Pentagon review board highlighted factors supporting his release, including his low-level involvement, lack of leadership roles in pre-detention activities, and positive behavior during his time in custody.
The Pentagon emphasized that this move is part of broader U.S. efforts to responsibly reduce the detainee population and eventually close the Guantanamo Bay detention facility. “The United States appreciates Kenya’s support in helping to facilitate this process,” read the statement.
Guantanamo Bay: A Controversial Legacy
Guantanamo Bay, opened in 2002 in the aftermath of the 9/11 attacks, was originally intended to detain and interrogate terror suspects. However, the facility has faced global condemnation for allegations of human rights violations and indefinite detentions without trial. Over the years, it has become a symbol of U.S. abuses in the war on terror.
Currently, 29 detainees remain at Guantanamo, according to Pentagon records. Of these, 15 are eligible for transfer, while others are undergoing military commissions or are awaiting periodic reviews. Notably, three detainees are implicated in the 9/11 attacks, but their plea deals remain contested, causing delays in their legal processes.
Efforts to close the detention center have spanned multiple U.S. administrations. President Barack Obama made the closure of Guantanamo a central promise of his presidency but faced significant political and legal challenges, ultimately leaving the facility operational. His administration introduced the Periodic Review Board system to assess detainees’ cases.
President Joe Biden similarly pledged to close Guantanamo, but progress has been slow, with only marginal reductions in detainee numbers during his tenure. By contrast, former President Donald Trump reversed policies aimed at closure, signing an executive order in 2018 to keep the facility open and suggesting it could house additional detainees.
The last transfer of a Guantanamo detainee occurred in April 2023 when a 72-year-old al-Qaeda associate was repatriated to Algeria after spending over two decades in detention.
Impact and Outlook
The release of Bajabu highlights ongoing efforts to address the legacy of Guantanamo Bay and underscores the challenges of balancing national security concerns with human rights considerations. As the U.S. continues its gradual reduction of the detainee population, questions remain about the facility’s long-term future and the fate of those still held without charges.
For Kenya, Bajabu’s repatriation places a spotlight on its cooperation with U.S. counterterrorism efforts and its role in managing individuals formerly accused of ties to global terrorist networks.