Inspector General of Police Douglas Kanja has been ordered to produce Member of Wajir County Assembly Yussuf Hussein Ahmed in court on Friday (September 27, 2024).
The MCA was abducted by unknown persons15 days ago.
In the alternative, Justice Alexander Muteti directed both the Mr Kanja and the Director of Criminal Investigations (DCI) Mohamed Amin to appear in court to explain his whereabouts.
The High Court also directed the Attorney General Dorcas Oduor to send a representative with an explanation as to what the government is doing regarding the abduction of the Della Ward MCA.
During a virtual hearing on Thursday, Justice Muteti enjoined the Law Society of Kenya (LSK) and a human rights body Haki Africa in the case filed by lawyers Danstan Omari, Samson Nyaberi and Shadrack Wambui for the family of the abductee.
Justice Muteti said the case filed by the family of the abductee is of great public interest as “15 days are gone and his whereabouts is not known.” He also said the issue is emotive and causing the family anxiety.
“Having heard Mr Omari, counsel for the family of the abducted MCA (Yussuf Hussein Ahmed) I hereby order the IG to produce him in open court on Friday (September 27) 10am,” Justice Muteti directed.
The judge gave the directives following submissions that the IG and DCI were served with copies of the Habeas Corpus application and have not responded to the issues.
Answering questions from Justice Muteti as to whether he had served Mr Kanja, DCI and Ms Oduor with the suit documents, Mr Omari said he served the three top government offices with the suit papers more than 10 days ago and “they have not responded to date.”
The court was told that Mr Ahmed has not returned to his residence in South B Estate, Nairobi since the night of September 13, 2024.
Mr Abdikadir Abdullahi Ahmed, a family representative who filed the case, said his cousin was forcefully removed from a taxi that he had boarded from South C to Pangani on September 13, 2024.
"His whereabouts remain unknown and unaccounted for, and there is reasonable fear that he was abducted by officers attached to the IG and DCI," the court has been told by family members.
Mr Wambua Kioko, the driver of the taxi in which Ahmed was travelling in, has sworn an affidavit and detailed how he noticed a white and black car trailing them from South C to Enterprise Road Industrial Area.
The car caught up them, blocked their way and five armed with AK-47 rifles and shotguns pulled Mr Ahmed out of the taxi. They bundled him into the black Prado and sped off at break-neck speed.
Mr Kioko reported the incident at Industrial Area Police Station but Ahmed’s whereabouts remain unknown.
