State ordered to look for missing Wajir Assistant Commissioner
Justice Chacha Mwita has set September 16, 2025, to deliver a ruling on an application seeking court orders to have the state produce the missing Wajir Assistant County Commissioner Hussein Abdirahman Mohamed dead or alive.
The family of Mohamed sued the Attorney General (AG), Inspector General of Police (IG) Douglas Kanja, and the Office of the Director of Public Prosecution (ODPP) over his sudden disappearance.
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Hussein, who also serves as the manager at Huduma Centre Wajir, is said to have mysteriously gone missing on July 8, 2025, and has since not been heard from or reported found anywhere within the Republic of Kenya.
Through a certificate of urgency, the family is seeking a court order compelling IG Kanja to immediately and unconditionally produce the government official, dead or alive, in court.
“That this Honourable Court be pleased to direct the 2nd Respondent (IG), either personally or jointly with the other Respondents (AG and ODPP), to immediately and unconditionally present the person Hussein herein before this Honourable Court on or before July 14, 2025, to be subjected to the rule of law,” part of the application read.
Appearing before Justice Mwita on Thursday, July 24, 2025, the family’s lawyers, led by Danstan Omari and Shadrach Wambui, argued that the State has failed in protecting and accounting for Hussein’s whereabouts despite his senior government position.
The lawyers pleaded with the court to issue an order compelling the IG, AG, and ODPP to produce Hussein before it, or his body, or his immediate presentation before court, if at all he has committed any offence.
“Your honour, you have the power to grant conservatory orders compelling the respondents to explain to the petitioners about the whereabouts of the second applicant (Assistant County Commissioner Hussein),” the lawyers pleaded with Justice Mwita.
Further, they informed the court that since the commissioner went missing, there has not been any communication from the Directorate of Criminal Investigations (DCI).
However, State counsel Terer informed the court that a signal was sent to the sub-county investigating officer stating that Hussein is missing, and a signal was then sent to all police stations in the country.
Terer also urged the court to dismiss the habeas corpus application, arguing that the applicants (Hussein and his family) did not table evidence showing that he is in police custody.
“The element of custody is important, and it needs to be investigated before a habeas corpus application is granted. I urge the court to dismiss the application because the applicants have not presented evidence that the second applicant (Hussein) is in custody,” State Counsel Terer told the court.
In response, lawyer Shadrach Wambui said that it is the mandate of the state to ensure the well-being and safety of every citizen.
According to the application, the Assistant County Commissioner was last seen flanking the Cabinet Secretary, Ministry of Public Service, during his visit to Wajir County, shortly before he went missing.
They also state that upon his disappearance, they reported the matter to police on July 10, 2025, in a bid to establish Hussein’s whereabouts.
However, they claim that their efforts have not yielded any results, and his location remains unknown.
Justice Mwita has ordered the respondents (IG, AG, and ODPP) to try to get the missing Assistant Commissioner and, if possible, produce him before any court before or on September 16, 2025.
