Police asked to produce missing former Shabaab member
Lawyer Gitobu Imanyara. The family of Issack Adan Mahat on August 11, 2015 sued the state while claiming that their missing son who is a former Al-Shabaab recruit has been unlawfully held by security officers since December 17, 2012. FILE PHOTO | PHOEBE OKALL | NATION MEDIA GROUP
What you need to know:
- Mr Imanyara told High Court judge Grace Ngenye Macharia that the State has the responsibility of providing security for all its citizens but it has failed in the case for Adan’s family while requesting for an intervention.
- According to Adan’s brother, Yakub Issack Mahat in the case documents, he had returned to their home in Mandera after being away for an unstated period.
A family of a former Al-Shabaab member who went missing three years ago has moved to court to compel the State to produce him.
Through lawyer Gitobu Imanyara, the family of Issack Adan Mahat on Tuesday sued the state while claiming that their missing son who is a former Al-Shabaab recruit has been unlawfully held by security officers since December 17, 2012.
Mr Imanyara told High Court judge Grace Ngenye Macharia that the State has the responsibility of providing security for all its citizens but it has failed in the case for Adan’s family while requesting for an intervention.
He said that there was an extremely urgent need for the Inspector – General of Police (IG), the Director of Criminal Investigations Department and the Director of Public Prosecutions (DPP) to be ordered to appear in court with the original warrant or directive indicating why Adan should not be immediately released if he is in the hands of security officers.
“The National government, the National Security Council and the Inspector-General of police have failed to protect this family leading to the disappearance of Adan who voluntarily presented himself to the Kenyan security officers three years ago and has not been traced since then,” Mr Imanyara said.
DEAD OR ALIVE
The family wants an order issued requiring that Adan be produced whether dead or alive.
According to Adan’s brother, Yakub Issack Mahat in the case documents, he had returned to their home in Mandera after being away for an unstated period.
He had disclosed to them that he had joined Al-Shabaab fighters in Somalia during that time but had voluntarily returned home and surrendered to the Kenyan authorities following an appeal by the government.
However, upon his return and while having lunch on the said date, he was picked up by security officers and taken away in a Land Cruiser, never to be seen again.
“We have since been trying to find out what security officials did to him or where they took him to but all attempts have been in vain,” Mr Yakub said.
Lady Justice Macharia directed that the matter be mentioned on August 17.
