The High Court has directed the Inspector General of Police Douglas Kanja to produce the missing Wajir Member of County Assembly (MCA) Yussuf Hussein Ahmed by 10 a.m. Friday or provide explanation for his inability to appear in court.
Justice Alexander Muteti has also approved the Law Society of Kenya (LSK) and Haki Africa’s application as co-petitioners in the case.
The Director of Public Prosecutions (DPP) was directed to obtain instructions from the IG Kanja and the Director of Criminal Investigations Mohammed Amin for purposes of proper disposal of the ongoing proceedings.
“If the subject (Missing MCA) is in the custody of the 1st and 2nd Respondents, he be produced before this court tomorrow at 10a.m or an explanation is given why he cannot be produced if in custody,” ruled the court.
Abdikhadir Abdullahi Ahmed moved to court following the disappearance of the lawmaker on September 13.
In the petition, Abdikadir Adibdullahi Ahmed wants the IG to produce the body of the legislator together with an order of detention
“This Honourable court does order a Summon to issue directed against the Inspector general of police and the directorate of criminal investigations in whose custody is Yussuf Hussein Ahmed to produce the body of the said Yussuf Hussein Ahmed before this court together with the original of any warrant or order for detention on a date to be given,” read the court documents.
Yussuf Hussein Ahmed had been missing after reportedly being forcefully removed from a taxi in South B estate on the night of September 13.
His family through their lawyer Danstan Omari alleged that the 40-year-old lawmaker was abducted by officers and has yet to be accounted for.
According to the family, Yussuf had ordered a taxi from South B at around 8 pm where he was allegedly intercepted and forcibly taken by unidentified individuals believed to be police officers.
Despite filing two incident reports at the makadara police station, Omari said no information has been provided regarding his whereabouts.
“We are living in anxiety and fear. It has been four days, and we don’t know where he is or why he was taken,” a family member stated.
Omari alleged that Yussuf is being held in custody by officers, who have allegedly refused to allow visits or provide any information about his situation.
“It is wholly illegal, unconstitutional and unjust for the Respondents to treat my first cousin as a second class citizen and to subject him to inhuman and degrading treatment,” reads the court documents.
The family sought the intervention of the courts through a habeas corpus, demanding that the authorities either produce Yussuf in court or explain his disappearance.
They argued that Yussuf, like any citizen, has the right to due process and a fair trial, and his forced disappearance has caused immense distress for his loved ones.
“In any event, Yussuf Hussein Ahmed has an absolute right to habeas corpus and to fair trial, thus he should be subjected to due process of the law other than abducting him and leaving his loved ones worrying of his whereabouts.
“We fear for his safety and just want answers,” the family added.
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