Family of missing Wajir MCA sues Police IG, DCI over his abduction
Yusuf was not under investigation for any offence or reported for any crime before his abduction around 8 pm.
The family of an MCA from Wajir, Yusuf Hussein Ahmed, who was allegedly abducted in Nairobi’s South B estate on September 13, has petitioned the High Court to compel the Inspector-General of Police and Directorate of Criminal Investigations (DCI) to produce him in court, dead or alive.
The Della Ward MCA was picked up from a cab he had requested online and the family says there is reasonable fear that he was abducted by police officers or the DCI detectives.
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In a petition supported by an affidavit of his cousin Abdikadir Abdulahi Ahmed, the family says it is illegal and unconstitutional for the IG and the DCI to treat Yusuf as a second-class citizen and subject him to inhumane and degrading treatment.
The family says they have continued to live in distress and anxiety caused by the forced disappearance and abduction of their loved one without the benefit of being subjected to any legal proceedings.
"The whereabouts of (Yusuf) remain unknown and unaccounted for and there is a reasonable fear that he was abducted by the officers attached to (the IG and DCI) who have refused to either allow his family to visit him in custody and or have refused to present him before a court of law to answer to any charge in law," the petition reads.
"In any event, (Yusuf) has an absolute right to habeas corpus and to a fair trial, therefore, he should be subjected to due process of the law other than abducting him and leaving his loved ones worrying about his whereabouts."
The taxi driver who was driving Yusuf along Enterprise Road in Nairobi reported the matter at the Industrial Area Police Station in Makadara Sub-County and has sworn an affidavit over the same.
The family says the IG and DCI have nothing to lose by presenting Yusuf in court and wants the High Court to issue orders to them to present the ward rep in court.
Yusuf was not under investigation for any offence or reported for any crime before his abduction around 8 pm and there was no warrant given by any court for his detention.
