The disappearance of Busia businessman Ibrahim Mohamed has prompted the High Court to issue a strict order compelling the police and the Directorate of Criminal Investigations (DCI) to account for his whereabouts.
Authorities have been instructed to produce him dead or alive, or fully explain the circumstances of his arrest and detention.
Ibrahim, a fish trader, vanished nearly two weeks ago after being taken off a Nairobi-bound bus while transporting Sh17 million in cash.
His sudden disappearance has sparked fear and anger among family members and local residents, who suspect he may have been held secretly.
On Thursday, Justice W. Musyoka directed that the Inspector General of Police, Douglas Kanja, and DCI Mohamed Amin either present Ibrahim in court or file detailed affidavits outlining the officers involved, the chain of command, locations of detention or transfer, and his current status.
“That an order of Habeas Corpus be and is hereby issued compelling the Respondents jointly and severally produce before this honourable court the body of Ahmed Ibrahim Mohamed, whether alive or dead, and to show lawful cause for his arrest, detention or continued confinement,” Justice Musyoka ruled.
The judge added, “That in default of production, Respondents are compelled to file an affidavit within 24 hours, fully, truthfully and individually accounting for the arrest of Ahmed Ibrahim Mohamed, the officers involved and their command structure, the place(s) of detention or transfer, his current whereabouts, condition or fate.”
Ibrahim’s disappearance led to protests in Busia on Wednesday, with residents and relatives demanding answers from the authorities. Police used tear gas to disperse demonstrators, and several people were arrested during the unrest.
“Sisi tumepoteza Ibrahim Ahmed sa hii ni wiki mbili hatujakosea mtu,” said Abdi Hassan, a relative, voicing fears of an enforced disappearance. He added, “Tukielekea kwa ofisi ya gavana wameanza kutumia risasi na sio eti tumeharibu mali ya watu.”
Local residents accused the police of excessive force during the demonstrations. “Sisi tu tumekuja kudemand justice na tunajua majamaa wamemchukua ni DCI,” said Amin, a community member.
The court stressed that holding a person in secret violates the Constitution. The habeas corpus order requires immediate compliance or a detailed explanation of Ibrahim’s detention.
The missing Sh17 million, reportedly linked to fish traders from the Democratic Republic of Congo, has intensified calls for a swift investigation, although the police have yet to issue an official statement.
Busia Senator Okiya Omtatah emphasized that no citizen should be held outside the law. He urged the authorities to follow the court’s directives promptly and called on the public and civil society groups to stay involved in monitoring the case.
“We demand that the NPS and DCI comply with this order without delay. Compliance is a constitutional obligation, not an option. To the public and civil society: stay engaged. Public scrutiny is often the only thing that protects the vulnerable,” he said.
