High Court to rule Monday on production of missing Wajir MCA
Lawyer Danstan Omari for the family argued that recent incidents have shown that once such orders are issued, the subjects are abandoned somewhere alive and this is likely to be the case for Hussein.
The High Court will on Monday make a ruling on whether to issue an order to the government to produce missing Wajir MCA Yusuf Hussein whether dead or alive.
Justice Alexander Muteti will be making the ruling on the application by the Law Society of Kenya (LSK) and the family of the MCA.
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Lawyer Danstan Omari for the family argued that recent incidents have shown that once such orders are issued, the subjects are abandoned somewhere alive and this is likely to be the case for Hussein.
If Justice Muteti agrees with the family's prayers, the lawyers will be seeking that the orders be issued to a specific person, either the Inspector General of the police or the Director of Criminal Investigations, instead of vague orders.
The government had opposed the application through Counsel Wanjiku Mwangi of the State Law Office who said the orders sought are not necessary as the police are still investigating the matter.
DNA not a match
The case resumed on Thursday after it turned out that the body found at a dam in Wajir town was not that of Yusuf.
The report from the Government Chemist indicated that the DNA samples collected from the body recovered in Yahud Dam did not match that of Yusuf's mother Halima Hussein and his brother Mohamed.
"Halima Hussein is excluded as the biological mother to the donor of the cartilage (samples collected from the body suspected to be Yusuf's). Mohamed Hussein is excluded as a biological sibling to the donor of the deceased," the report read in part.
The report tallies with that of the family pathologist Dr. Daniel Zuriel which was also tabled before the court on Thursday.
The investigation was conducted upon the request of Chief Inspector Urbanas Kioko of the Directorate of Criminal Investigations offices in Wajir to determine if there was a genetic relationship between the body and the relatives of the missing politician.
Yusuf was abducted by armed men in South B Nairobi on September 13, before being driven away in a Toyota Prado and has never been charged or produced in court.
The government has insisted that he is not in police custody and that his case is being treated as a matter of a missing person.
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