DECISION OF THE AFRICAN COMMISSION ON HUMAN
AND PEOPLES’ RIGHTS ON ADMISSIBILITY
Communication 778/22- Kamilya Mohammedi Tuweni and 4 others (Represented by
REDRESS) V. The Republic of Kenya
SUMMARY OF THE COMPLAINT
1. The Secretariat of the African Commission on Human and Peoples’ Rights (the
Secretariat) received the Complaint on the 25th of January 2022 from Kamilya
Mohammedi Tuweni, Badriyah Badr Hassan Abdalla, Bardees Badr Hassan and
Hayatti Hafidh Salem Hassan (The Complainants) through their representative
REDRESS against the Republic of Kenya1 (The Respondent State).
2. The Complainants submits that the First Complainant, Kamilya Mohammedi
Tuweni was born in Zanzibar, Tanzania on the 7th of August 1965 and later moved
to the United Arab Emirates (UAE) in 1979 where she now holds citizenship. The
Complainants submit that on the 9th of January 2007, the First Complainant,
together with two Omani nationals travelled from the UAE to Tanzania. She avers
that she was engaged as an interpreter for the men as they sought to do business
in Tanzania but did not speak fluent English. Upon arrival in Tanzania, the first
victim obtained a visa valid for 3 months.
3. The Complainants allege that on 9 January 2007, the First Complainant travelled
to Kenya with the Omani men and upon arrival she was given a visa to lawfully
remain in the country. The Complainants submit that the First Complainant and
her associates then met with their host, one Kenyan national named Mellie Mary
Gakuo and proceeded to Eden Rock Hotel in Malindi. The Complainants allege
that later that same day, 4 policemen burst into the First Complainant’s room,
searched her luggage and checked her documents without producing a warrant or
an explanation for their suspicion. After failing to uncover anything incriminating,
the policemen left.
1
The Republic of Kenya ratified the African Charter on 23 January 1992
2