The DNA test on the body suspected to be that of missing MCA has turned negative, a Nairobi court heard yesterday.

A pathologist who conducted a postmortem on the body confirmed that it was not that of Della Ward MCA, Yussuf Abdulahi Ahmed who went missing on September 13.

The family pathologist Daniel Zuriel, while giving the results of the postmortem confirmed that the body that was retrieved in Lake Yahud in Wajir county did not belong to the missing MCA.

Following the negative results, the family lawyers led by Law Society of Kenya (LSK) president Faith Adhiambo, Danstan Omari, Sam Nyaberi and Shadrack Wambui urged the court to issue a habeas corpus to produce the missing MCA or his body in the event he is dead.

“Your honor since the family pathologist has confirmed the body that was retrieved from Lake Yahud was not of the subject person we urge the application of habeas corpus to remain on course,” Adhiambo submitted.

The State counsel led by Wanjiku Mwangi on her part asked the court to give the state two more days for the government pathologist to finalize his report to enable them to respond on the same.

She urged the court to treat the matter as that of a missing person. She confirmed to the court that the missing person is no longer in the hands of the police, adding that investigations need to continue to determine his whereabouts.

She urged the High Court judge Justice Alexander Muteti to consider the matter as that of a missing person since he is not in police custody,

“My Lord following the DNA reports before this court and considering the fact that the subject person is not in police custody. We pray for two more days to continue with investigations,” Wanjiku submitted.

The defence team objected to the application stating that the family is suffering since their kin was abducted and prayed to the court not to grant the state the request.

“Your honor, it is ridiculous for the state to seek more time for investigation considering the suffering the family is undergoing,” Omari told the court.

The family lawyers requested the court to mention the matter today (Friday) for the state to give their report.

In his brief ruling, justice Muteti directed the hearing of the matter to continue today (Friday) with or without the government report.

The family, through lawyer Danston Omari, believe Ahmed was abducted by police officers who however deny involvement.

According to Omari, the MCA’s relatives are worried about his safety after embattled Deputy President Rigathi Gachagua sensationally claimed the State was actively carrying out extra-judicial killings and enforced disappearances.

Della Ward is Eldas Constituency of Wajir County where Ahmed is said to have immense influence over local politics with those close to him saying he is eyeing the governor seat in 2027.

The Leader of the Minority in the County Assembly was reportedly abducted by armed people in Nairobi on September 13 at night along Enterprise Road while heading to Pangani from South C.
Abdulkadir Abdullahi Ahmed told the court that his cousin was forcefully from a taxi he had boarded from South C to Pangani.

“His whereabouts remain unknown and unaccounted for, and there is reasonable fear that he was abducted by officers attached to IG and DCI,” he said in court papers.