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Family of Missing Wajir MCA Urges Court to Order IG to Produce Him

CH Reporter by CH Reporter
September 17, 2024
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The family of Yussuf Hussein, a missing Member of County Assembly (MCA) from Wajir, is seeking urgent intervention from the High Court to compel the Inspector General of Police to produce him in court.

Through their lawyer, Danstan Omari, the family has filed a habeas corpus petition, demanding the immediate production of their son, who has been missing since September 13, 2024. In the affidavit signed by his cousin, Abdikadir Ahmed, the family claims that Hussein was last seen in South B estate, Nairobi, before he was forcefully removed from a taxi at around 8 PM.

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According to the court documents, Yussuf, the MCA for Dela Ward in Wajir County, was in a taxi ordered from the South B estate when the alleged abduction took place. The taxi driver, who witnessed the incident, has since sworn an affidavit and reported the matter to the police, obtaining an Occurrence Book (OB) number as evidence.

Despite this report, the whereabouts of Yussuf remain unknown. The family suspects that police officers may have been involved in his abduction, and that authorities are preventing his loved ones from visiting him or ensuring he is brought before a court of law to face any potential charges.

“Unless the court intervenes and compels the state to produce Yussuf, the family will continue to suffer anxiety and stress caused by his forced disappearance,” Omari stated. He emphasized that Yussuf, like any Kenyan citizen, has the right to a fair trial and should not be subjected to abduction without legal proceedings.

Omari further argued that Yussuf’s forced disappearance was a violation of his constitutional rights, including his right to habeas corpus. “It is wholly illegal, unconstitutional, and unjust for the respondents to treat my first cousin as a second-class citizen and subject him to inhuman and degrading treatment,” the court papers read.

The family now awaits the court’s decision on whether an order will be issued to the Inspector General to produce Yussuf Hussein and reveal his current status, hoping for a resolution to the anguish caused by his disappearance.

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