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Police ordered to produce missing Wajir assistant county commissioner
Family members of Wajir County assistant county commissioner, Mr Hussein Abdirahman Mohammed, who has been missing since July 8, 2025, at the Milimani High Court on July 24, 2025 with lawyer Danstan Omari.
Police have been ordered to trace and produce in court Wajir County Assistant County Commissioner Hussein Abdirahman Mohammed, who has been missing since July 8, 2025.
Milimani High Court Judge Chacha Mwita directed Inspector-General of Police Douglas Kanja and the Directorate of Criminal Investigations (DCI) to use all available resources to locate Mr Mohammed and present him before any High Court on or before September 16, 2025.
The judge issued the directive following submissions by lawyers Shadrack Wambui, Danstan Omari and Hussein Abdullahi, who argued that Mohammed, a senior government officer, could not simply disappear without a trace.
“This is the first case involving a senior government official—one who sits on the county security committee and also serves as the Huduma Centre manager, issuing passports and national IDs—vanishing without explanation,” Mr Omari told the court.
Mr Wambui stated that Mr Mohammed disappeared a day after hosting Public Service Cabinet Secretary Geoffrey Ruku on July 7, 2025. He was scheduled to begin his annual leave shortly thereafter.
“On the day he went missing, Mr Mohammed dropped his children at school, drove to work, and has not returned home since,” Mr Wambui said.
“The Attorney-General and the Inspector General owe a duty to this court and the public to produce Mr Mohammed, dead or alive,” Mr Wambui added, urging the judge to compel the country’s top security officials to act.
Mr Omari noted that the Constitution mandates the police to ensure the safety of all citizens.
“It is disturbing that the police can claim not to know the whereabouts of one of their own,” he said.
The lawyers asked the court to issue Habeas Corpus orders compelling the state to present Mr Mohammed in court.
However, a state counsel representing the Attorney General, the Inspector General, and the DCI asked the judge to dismiss the application, arguing that such orders can only be issued if there is proof that a person is being held in police custody.
“The security agencies in Wajir have not been able to trace Mr Mohammed. These orders apply only where a suspect is in custody,” the counsel said.
The state further argued that Section 389 of the Penal Code and Section 109 of the Evidence Act require the applicant to prove that the missing person is in state custody, which was not the case.
In a brief ruling, Justice Mwita directed the police to locate Mr Mohammed and produce him in court—or disclose his whereabouts—by September 16, 2025.
Mr Mohammed’s family moved to court seeking the production order, expressing concern that the state may be holding him incommunicado.
“The applicant was last seen accompanying the Public Service Cabinet Secretary during his visit to Wajir, shortly before his disappearance,” a family spokesperson said.
The family believes there is reasonable cause to suspect that Mohammed is being detained unlawfully by state agents.
