High Court orders IG of Police, DCI to produce missing Wajir Assistant County Commissioner
Judge Mwita directed the IG and the DCI to trace and locate Hussein, then produce him in court on or before September 16, 2025.
The High Court has ordered Inspector General of Police Douglas Kanja and the Directorate of Criminal Investigations (DCI) to trace and produce in court the Wajir Assistant County Commissioner, Hussein Abdirahaman Mohammed, who has been missing since July 8, 2025.
Milimani High Court Judge Chacha Mwita gave the orders following submissions by lawyers Shadrack Wambui, Danstan Omari and Hussein Abdullahi that Hussein is one of the senior government employees who cannot disappear without a trace.
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"This is the first case where a senior government employee who sits in the county security committee, issues passports and national identity cards as he also doubles as the Wajir Huduma Centre Manager to vanish without a trace," Omari told Judge Mwita.
Mwita directed the IG and the DCI to trace and locate Hussein, then produce him in court on or before September 16, 2025.
Wambui said Hussein disappeared a day after receiving the Cabinet Secretary in charge of Public Service, Geoffrey Ruku, on July 7, 2025.
The judge heard Hussein was scheduled to proceed to his annual leave after hosting Ruku.
"On the material day, Mohammed took his children to school, then drove to his workplace and has never returned to his home to date from July 8, 2025," Wambui informed the judge.
"Both the Attorney General and the IG owe a duty to this court and everyone to avail Hussein before this court, dead or alive," Wambui submitted.
He urged the judge to compel the top security apparatus to avail Hussein over to the court.
"The AG and IG need to restore public confidence that they are safe by tracing and producing Hussein in court," Omari stated.
He added that it is the constitutional duty of the police to ensure everybody is safe and "it is heart rending for police to claim they do not know where one is."
The lawyers urged the judge to allow the family of Hussein to apply for the habeas corpus writs to produce him in court.
However, the AG, through a state counsel, urged the judge to dismiss the application as the production orders sought can only be issued when a suspect is truly held in police custody.
"The county security agencies in Wajir have not been able to trace Hussein. As such, the orders can only be issued where a suspect is being detained in police custody," the judge heard.
The state counsel representing the AG, IG and the DCI said Section 389 of the Penal Code on abducted persons or those held in custody requires courts to order such suspects to be presented to court.
The court heard Mohammed is not in the custody of police and therefore impressed upon to dismiss the application.
In a brief ruling, the judge ordered police to locate the whereabouts of Hussein and present him to any court on or before September 16, 2025.
The family of Hussein moved to court seeking orders to compel the Inspector General of Police to produce him in court.
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