• Justice Alexander Muteti on Thursday directed petitioners to serve the Attorney General with the petition and that the matter be heard tomorrow Friday at 10 am.
•Hussein, who is the MCA for Dela ward in Wajir, was allegedly abducted on his way to South C in Nairobi on September 13.
Image: KNA
The High Court has ordered the police to produce missing Wajir MCA Yussuf Hussein Ahmed or explain why he cannot be taken to court.
Justice Alexander Muteti on Thursday directed petitioners to serve the Attorney General with the petition and that the matter be heard tomorrow Friday at 10 am.
Hussein, who is the MCA for Dela ward in Wajir, was allegedly abducted on his way to South C in Nairobi on September 13.
During the attack, the abductors also seized the taxi driver's phone to forestall communication.
The phone accidentally fell inside the taxi in the heat of the commotion and was later recovered by the driver.
Since then, the MCA has never been found.
His family and colleagues from the Wajir county assembly have filed an application in court demanding that he be produced dead or alive.
Through lawyer Danstan Omari, the family says there is a reasonable fear that he may have been abducted by officers attached to the National Police Service.
"Unless this court intervenes and compels the respondents to produce Hussein, we will continue to live with anxiety and stress caused by the forced disappearance and abduction of our loved one," Yussuf's cousin Abdikadir Ahmed said in the affidavits.
On Thursday, when the matter came up before Justice Muteti, the court ordered the Director of Public Prosecutions to obtain instructions from the Inspector General of Police and the Directorate of Criminal Investigations and return to court with proper instructions.
"If the subject (missing MCA) is in the custody of the 1st and 2nd respondents, he be produced before this court tomorrow at 10 am or an explanation is given why he cannot be produced if in custody," Justice Muteti said.
The Inspector General of Police is listed as the first respondent, while the DCI is the second respondent.
The abduction of the MCA has interrupted operations at county assemblies in the larger Northern Kenya, with MCAs from Mandera, Wajir, and Garissa all camping in Nairobi to search for their missing colleague.
MCAs from Wajir have since suspended county assembly operations to express solidarity with their abducted colleague.
County assembly speaker Abdilleh Yussuf last week told reporters they would only resume business once they trace Yussuf, who is commonly known as 'Tolfiyow'.