The National Police Service has until October 7, 2024 to establish the whereabouts of a Member of the County Assembly of Wajir (MCA) Yussuf Hussein Ahmed, who was allegedly kidnapped by persons believed to be police officers 14 days ago.
At the same time, Milimani High Court Judge Justice Alexander Muteti has ordered the Director of Public Prosecutions (DPP) Renson Ingonga and the Inspector General of Police (IG) Douglas Kanja to ensure the safety of Wambua Kioko, who is a key witness in the case.
Justice Muteti issued the orders after the Deputy Regional Criminal Investigations Officer (DRCIO) Justus Imaana informed him that the police are working round the clock to establish the whereabouts of the missing MCA.
However, Mr Imaana was quick to declare that the MCA is not in police custody.
“This court takes cognizance of the fact that the issue of a missing person weighs down the affected family members and police must do everything possible within their powers to ensure the subject is found either way-alive or dead,” Justice Muteti said on Friday.
Earlier, the Law Society of Kenya (LSK) and the family of the MCA told the court that the “police have not taken the investigations seriously.
On Thursday, Justice Muteti had directed IG Kanja and DCI appear before him to explain the efforts they have put in place in finding where the subject is.
Mr Imaana was sent by the IG to represent him in the matter filed in court on September 16,2024.
He also represented the Director of Criminal Investigations in the matter filed under a certificate of urgency by the family of the subject (Ahmed).
The family of the MCA, through lawyers Shadrack Wambui, Danstan Omari and Sam Nyaberi, together with LSK advocate Hosea Manwa, faulted the police for the slow pace they have handled the issue of the MCA who is a state officer.
Mr Wambui said the file of the abductee is just gathering dust on the shelves of the Directorate of Criminal Investigations (DCI).
The lawyers said since the filing of the report of abduction, police have slowed down on the investigations.
Mr Imaana admitted that the pace of establishing the whereabouts of the MCA has been slow but added that they have recorded statements from different persons and also obtained CCTV footage of buildings near the place of abduction.
“Police have submitted a phone recovered from the taxi Mr Ahmed was traveling when he was abducted by five heavily armed men,” Mr Imaana testified.
"I want to confirm to this court that the alleged abductee is not in our custody," Industrial Area DCIO SSP Justus Immana told the court.
Mr Imaana also said the police are doing everything possible to find the missing MCA who is also the Minority Leader in Wajir County Assembly. He also denied claims by the MCA's family that Mr Ahmed was abducted by police.
According to the family, on the day of the abduction, the MCA had hired a taxi driven by one Wambua Kioko from Halai Estate entrance along Muhoo Avenue in South C. The MCA's destination was Pangani Estate.
Mr Kioko said he drove from Halai Estate towards Mombasa Road, but at Enterprise Road roundabout a white Prado attempted to overtake him twice then slow down.
"A black Prado, which seemed to be in communication with the white one, overtook me and blocked my way," Kioko told the court.
He said five people from the black Prado armed with guns approached his vehicle and ordered his client out.
"That four men forcefully got him out of my vehicle and bundled him into the black Prado," Kioko said.
The taxi driver said one of the MCA's abductors pointed a gun at his face ordered him a to surrender everything in his possession.
