Family of abducted Della MCA seeks court intervention to find kin

The family of the missing Della Ward Representative has filed a petition at the High Court to compel the Acting Inspector General of Police Gilbert Masengeli and the DCI boss Mohamed Ibrahim Amin to produce him dead or alive.

The family of Yusuf Hussein Ahmed said the missing MCA was abducted Friday last week in Nairobi’s South B Estate.

According to the petition, Yusuf was picked up from a cab he had ordered through an online service.

The circumstances of his abduction have sparked a heated legal case as his family fears he may have been taken by police officers or DCI detectives.

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They allege that the IG and the DCI are violating Ahmed’s fundamental rights by not producing him in court or providing any information about his whereabouts.

The family’s lawyer Omari has stressed that Yusuf has an absolute right to habeas corpus, which guarantees his right to a fair trial and due process.

"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 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.

The taxi driver, Wambua Kioko, who was present during the incident, has filed a detailed affidavit in court describing the events leading up to Yusuf’s abduction.

According to Kioko, Yusuf requested a taxi around 8 p.m. on September 13.

He was picked up from Halai Estate and they proceeded along Muhoho Avenue.

As they approached the Enterprise Road roundabout, a white Prado attempted to overtake Kioko’s vehicle. A black Prado, appearing to be in coordination with the white one, then blocked their path.

Kioko described a terrifying scene: five armed individuals, with one wearing a black and white mask, exited the black Prado.

They forcibly removed Yusuf from the taxi and drove him away in their vehicle.

"The men, armed with guns, also stole Kioko’s phone and other belongings before fleeing the scene," the affidavit states.

In a state of panic, Kioko reported the incident to the Industrial Area Police Station and provided the police with an additional phone he had found in his taxi.

Despite the police report and the affidavit from Kioko, Yusuf'’s whereabouts remain unknown.

His family asserts that there is a reasonable fear that he was abducted by law enforcement officers or individuals acting on their behalf.

They argue that there has been no legal justification for his detention, as Yusuf was not under investigation or charged with any offense before his abduction.

The family’s petition emphasizes the urgency of the situation, arguing that the failure of the IG and DCI to produce Ahmed is a violation of Article 49 of the Constitution, which mandates that a suspect be presented before a competent court within 24 hours of arrest.

With Yusuf missing for nearly a week, his family contends that his constitutional rights are being continuously violated.

The petitioners have called upon the High Court to compel the IG and the DCI to either produce Yusuf or provide a valid explanation for his continued detention. 

They argue that the authorities should be held accountable for any illegal actions and that justice must be served to prevent further human rights abuses.

In their plea, the family has highlighted the broader implications of this case, questioning the accountability and transparency of law enforcement agencies.

They argue that Yusuf’s treatment reflects a disturbing trend of disregard for the rights of individuals under state custody.