ODPP distances itself from Wajir Huduma Centre boss disappearance, cites no arrest powers

The Office of the Director of Public Prosecutions has responded to a habeas corpus application surrounding the disappearance of Wajir Huduma Centre boss Hussein Abdirahman Mohamed, saying it has no legal authority to arrest, detain, or abduct individuals.

In an application filed before court, the DPP has opposed the application lodged by Hussein's family, maintaining that the allegations made in the petition dated July 14, 2025, do not fall within its constitutional mandate.

Senior Assistant Director of Public Prosecutions Job Mulati said that they are incapable of complying with the court orders sought, particularly the production of the missing man, as they neither arrested nor have custody of him.

"No file regarding the matter has been opened before their office, and that the Director of Public Prosecutions is not seized of the case," read the court papers.

Consequently, the ODPP asked the court to strike it from the petition entirely, saying the case discloses no actionable claim against the office.

Last week, the High Court ordered the family of missing Wajir Huduma Centre boss and Assistant County Commissioner, Hussein Abdirahman Mohamed, to serve court papers immediately on respondents named in the case.

Hussein is alleged to have been last seen on July 8 during an official event attended by the Cabinet Secretary for Public Service Geoffrey Ruku in Wajir.

His family, represented by lawyer Danstan Omari, filed an urgent habeas corpus application before the High Court, seeking to compel the police and state agencies to produce Hussein, dead or alive, or at the very least disclose his whereabouts.

"This is a man who dedicated his life to public service. He had no known enemies, no personal disputes. Yet, he disappears after attending a state event," the petition reads in part.

The family had reported his disappearance to Sojir Police Station in Wajir, but more than a week later, no leads or progress have been communicated, deepening the family's fears.

Omari argues that Hussein may have been abducted by state agents and is being held incommunicado, in violation of his fundamental rights under the Constitution. He urged the court to enforce constitutional protections against enforced disappearances.

The family wants the court to compel the state to produce Hussein by July 14, failing which the government must give a full and satisfactory account of his fate and current location.

In the case, the family seeks to compel state agencies to produce Hussein Abdirahman Mohamed, who allegedly went missing under suspicious circumstances earlier this month.

The petition names the Attorney General, Inspector General of Police, Directorate of Criminal Investigations, and the ODPP as respondents.

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• ODPP distances itself from Wajir Huduma Centre boss disappearance
• cites no arrest powers