Senior Counsel Gitobu Imanyara for Abdi Abdullah’s family who is seeking the production of his father Sheikh Khalif Madhobe by police who disappeared on April 27 after he was picked by three armed people from a Mosque and bundled him in a Toyota Land Cruiser.
BY SAM ALFAN.
Nairobi High Court Criminal Division has directed the Director of Public Prosecutions to explain the whereabouts of Cleric who was allegedly arrested by officers in connection to Garrissa University college terrorist attacks.
Justice Grace Ngenye Macharia issued the directive on Wednesday after Sheikh Abdullahi Khalif’s son moved to court seeking an explanation as to why his father has not been produced to court and his whereabouts remain unknown.
Ngenye said the DPP needs to explain to court the procedures that were followed during the alleged abduction and that the response should be filed by May 14.
In the petition Sheik’s son Abdi Khalif through Lawyer Gitobu Imanyara claims that his father was abducted by security officers while he was teaching his students.
Lawyer Imanyara told the court that the Interior Cabinet Secretary, Director of Criminal Investigations, Tobiko and Boinett has failed to protect the people of Garrissa County.
“We are seeking courts intervention to have Sheikh produced to court as he has been missing since last month,”Imanyara says in the petition.
The family has expressed their fears in the petition that the cleric’s life might be in danger.
Abdi Abdullahi who is suing on behalf of his family through lawyer Gitobu Imanyara wants the Inspector General of Police to produce Sheikh Khalif Madhobe who disappeared on April 27.
In a suit filed at the High Court Criminal Division in Milimani, Nairobi, before lady justice Ngenye Macharaia, Abdullahi said his father has been a religious instructor at Umul-QuraDugsi (Islamic Religious Institution) in Garissa before his disappearance.
He said on the day at about 10am, three people armed with guns stormed the institution while his father was giving out instructions and bundled him in a Toyota Land Cruiser amid protests from his students among them his younger sister.
Abdullahi said prior to being bundled into the car, the abductors demanded from his father his mobile, his identity card and passport but they hid his passport which at home feared that they would confiscate it.
“Since my father’s abduction, we have sought an explanation from government officials in Garissa after visiting every police station and mortuaries but in vain.
We have also done the same in Nairobi and we have not been successful,” he said in his affidavit.
He argues that, the events have surprised them since his father who has four wives and 19 children has never been incriminated in any criminal activities as he has been a law abiding citizen.
“My family and I are deeply worried that our father maybe undergoing torture wherever he is being held and we fear that he might have been killed,” Abdullahi said.
He said since the attack at Garissa University College, a number of clerics and instructors have disappeared in similar circumstances and it is important that the suit is heard expeditiously so that the truth may be known.
“I also urge the court to order the police to provide us (family) with security and the people of Garissa who are living in fear,” Abdullahi said.
In the suit, the Cabinet Secretary for Interior Joseph Nkaisery, the Director of Criminal Investigations Ndegwa Muhoro, the Idspector General Joseph Boinet and the Director of Public Prosecutions Keriako Tobiko have been named as the first, second, third and fourth respondents respectively.
In the case, lawyer Gitobu Imanyara told Lady Justice Ngenye Macharia that the family of Abdullahi has the right to know about the whereabouts of his father.
He called on the judge to declare publicly that investigations be carried out which led to the disappearance of Sheikh Madhobe.
“The court should also declare that the state of insecurity in Garissa County is as a result of failure by the respondents to perform their constitutional obligations which resulted in the disappearance of Madhobe,” Imanyara said.
He prayed that the court grant orders directing the respondents to produce Abdullahi’s father in court or show cause why they should not.
The case will be heard on May 14 for further directions by the court.