High Court orders police to find missing Wajir assistant county commissioner by September 16
Justice Chacha Mwita on Monday directed Police IG Douglas Kanja and the DCI to deploy all available resources to locate the missing administrator and present him before any High Court on or before September 16, 2025.
The High Court has ordered police to trace and produce Wajir Assistant County Commissioner Hussein Abdirahman Mohammed who has been missing since July 8, 2025.
Justice Chacha Mwita on Monday directed Inspector General of Police Douglas Kanja and the Directorate of Criminal Investigations (DCI) to deploy all available resources to locate the missing administrator and present him before any High Court on or before September 16, 2025.
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The order came after submissions by lawyers Shadrack Wambui, Danstan Omari, and Hussein Abdullahi, who questioned how a senior government official could disappear without a trace.
“This is the first case involving a senior government official—one who sits on the county security committee and also serves as the Huduma Centre manager, issuing passports and national IDs—vanishing without explanation,” said Omari.
Wambui told the court that Mohammed disappeared a day after hosting Public Service Cabinet Secretary Geoffrey Ruku on July 7 and was about to begin his annual leave.
Dove to work
“On the day he went missing, he dropped his children at school, drove to work, and has not returned home since,” Wambui said.
“The Attorney General and the Inspector General owe a duty to this court and the public to produce Hussein, dead or alive,” he added, urging the court to hold top security officials accountable.
Omari reminded the court that the Constitution mandates the police to protect every citizen.
“It is disturbing that the police can claim not to know the whereabouts of one of their own,” he said.
The legal team requested the court to issue Habeas Corpus orders, compelling the state to produce the missing official in court.
However, a state counsel representing the Attorney General, the Inspector General, and the DCI opposed the application. He argued that Habeas Corpus only applies when there is evidence that the missing person is in police custody.
No trace
“The security agencies in Wajir have not been able to trace Hussein. These orders apply only where a suspect is in custody,” the counsel said.
The state further cited Section 389 of the Penal Code and Section 109 of the Evidence Act, insisting that the applicant must prove the individual is being held by the state, something not yet established in this case.
In a brief ruling, Justice Mwita instructed the police to either produce the missing officer in court or disclose his whereabouts by the September deadline.
The court ruling followed an application by Mohammed’s family, who expressed concern that he may be held incommunicado by state agents.
“The applicant was last seen accompanying the Public Service Cabinet Secretary during his visit to Wajir, shortly before his disappearance,” said a family spokesperson.
The family added that there is reasonable cause to believe he is being unlawfully detained by government agencies.
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