The High Court on Thursday issued orders in an application demanding that Wajir MCA Yussuf Ahmed who went missing in September be produced dead or alive.
The ruling by the Nairobi High Court Judge Alexander Muteti came after DNA results showed that a body earlier retrieved from Lake Yakub in Wajir did not match that of the missing MCA.
The defense team earlier argued in court the government may have deposited the wrong body in Lake Yahoud, Wajir County, in an attempt to mislead the family of the missing MCA.
The family lawyer representing Ahmed's family, Danstan Omari, further told the court that DNA samples that were collected from the body revealed that two tests had been done to the body, none of which matched.
‘’My lord, I have instructions that the body that was found in Wajir was a government-calculated move to act as a decoy. That body was a decoy to take the family to go and bury somebody for closure,’’ Omari maintained.
According to Omari, the government chief pathologist Johansen Oduor personally confirmed to him that after analysis of the two DNA samples, the results did not match with any of the samples that were presented to the government chemist.
‘’Results came from the government facility called KEMRI and the doctor who did that analysis is present here. From the bar, the doctor(Oduor) confirmed that the results were negative,’’ Omari revealed.
‘’I did personally call the government pathologist Dr Johansen Oduor and told him that this matter is coming before you at 2 and he told me that the report is being typed and the government analyst will be in court today at 2 pm,’’ he added.
The prosecution represented by the Office of the Attorney General and the Director of Public Prosecutions, on the other hand, applied for two more days to conclude investigations after the results hinted that the missing MCA could still be alive.
Muteti, in his ruling, rejected the request by the ODDP, instead directing that the case be heard on Friday, October 26, at 2:00 pm.
Separately, Ahmed's family revealed that they engaged a private pathologist to do the DNA tests, who corroborated with them the state pathologist's findings.
The latest twist comes two days after a body believed to be that of the missing MCA was discovered in Lake Yahud in Wajir on October 21. The body was badly mutilated with eyes gouged out while the nose and hands were chopped off.
