Court orders police to produce missing Wajir MCA or explain his disappearance

The High Court has directed the Inspector General of Police Douglas Kanja to produce the missing Della MCA, Yussuf Hussein Ahmed, or provide an explanation as to why he cannot be brought before the court.

Justice Alexander Muteti issued the order on Thursday and instructed that the case be heard on Friday, at 10 am after the petitioners serve the Attorney General.

Yussuf's family and colleagues from the Wajir County Assembly had filed an application in court, demanding that he be produced, either dead or alive. Through their lawyer, Danstan Omari, they expressed concerns about the involvement of the National Police Service in Yussuf's disappearance.

The Inspector General of Police and the Directorate of Criminal Investigations are listed as the first and second respondents in the case, respectively.

“There is a reasonable fear that officers from the National Police Service may be involved in his abduction,” Omari said.

Abdikadir Ahmed, a cousin of the missing MCA, also voiced the family's distress. “Unless this court intervenes and compels the respondents to produce Yussuf, we will continue to live with anxiety and stress caused by the forced disappearance and abduction of our loved one,” Ahmed stated in affidavits.

Justice Muteti then directed the Director of Public Prosecutions to seek instructions from both the Inspector General of Police and the Directorate of Criminal Investigations.

The court ordered that if the MCA is in police custody, he must be produced in court on Friday, or an explanation must be provided if he is not.

“If the subject (missing MCA) is in the custody of the 1st and 2nd respondents, he be produced before this court tomorrow at 10 am, or an explanation is given why he cannot be produced if in custody,” Justice Muteti ruled.

Yussuf, the MCA for Della Ward in Wajir, was allegedly abducted on September 13 while en route to South C, Nairobi.

During the incident, the kidnappers reportedly took the taxi driver's phone to prevent any communication. However, in the ensuing chaos, the phone fell inside the vehicle and was later recovered by the driver.

Since the abduction, Yussuf has not been found.

The abduction has caused significant disruption to operations in county assemblies across Northern Kenya, with MCAs from Mandera, Wajir, and Garissa converging in Nairobi to search for their missing colleague.

The Wajir County Assembly has suspended its activities in solidarity with Yussuf.

"We will only resume business once we trace Yussuf, also known as 'Tolfiyow'," Wajir County Assembly Speaker Abdilleh Yussuf told reporters last week.