The High Court in Busia has issued a habeas corpus order compelling senior police officials to produce Ahmed Ibrahim Ali Mohamed, who disappeared on January 25, 2026, while traveling to Nairobi. The court ordered the Inspector General of Police, Director of Criminal Investigations (DCI), and Commander of the Anti-Terrorism Police Unit (ATPU) to produce Ahmed dead or alive within 48 hours.
According to the petition filed by Busia Senator Okiya Omtatah, Ahmed was traveling in a Buscar passenger bus from Busia to Nairobi when it was intercepted near Korinda Main Prison in Busia County. Individuals at a multi-agency security checkpoint singled him out, searched him, interrogated him, and forcibly took him into another vehicle. The petitioners argued that the operation was coordinated, questioning how the individuals inspected passengers' identification documents and removed Ahmed near a heavily secured prison facility without intervention from security officers.
The respondents, including the Inspector General and the National Police Service, denied holding Ahmed in custody, stating that investigations showed he was abducted by criminals posing as police officers. They relied on statements from the bus conductor and passengers, as well as Safaricom records indicating that Ahmed's phone was last detected near Korinda Main Prison. However, Justice Samwel Mohochi rejected the State's explanation, questioning how ordinary criminals could conduct a prolonged operation outside a heavily secured prison without attracting intervention.
The court noted that the individuals had stopped the bus, ordered its interior lights switched on, inspected passengers' identification documents, removed Ahmed, and retrieved his luggage. The judge described this as not a swift, drive-by kidnapping. The court further questioned the failure by investigators to interview prison guards and the bus driver, finding that these omissions undermined the State's explanation.
The court declared that Ahmed's unlawful arrest and incommunicado detention violated his constitutional rights under Articles 25(a), 28, 29, and 49. It awarded him Sh5.84 million in general, aggravated, and exemplary constitutional damages against the State respondents jointly and severally. The court also directed the Independent Policing Oversight Authority (IPOA) to assume exclusive investigative control of the matter.
Additionally, the Interior Cabinet Secretary and Attorney General were directed to initiate the process of ratifying the International Convention for the Protection of All Persons from Enforced Disappearance. The court retained supervisory jurisdiction over the matter to monitor compliance with its orders. The State was held liable for Ahmed's disappearance, and senior police officials were ordered to produce him within 48 hours.
The case highlights concerns over enforced disappearances and the need for accountability within Kenya's security agencies. The court's decision emphasizes the importance of upholding constitutional rights and ensuring that those responsible for human rights abuses are held accountable.
Key points
- The court awarded Ahmed Sh5.84 million in damages and directed the IPOA to investigate his disappearance.
- The State was held liable for Ahmed's unlawful arrest and incommunicado detention.
- The court ordered senior police officials to produce Ahmed within 48 hours.
