The High Court will on Monday make a ruling on whether to issue an order to the government to produce missing Wajir MCA Yussuf Hussein whether dead or alive. 

Justice Alexander Muteti will be making the ruling on the application by the Law Society of Kenya (LSK) and the family of the MCA.

Lawyer Danstan Omari for the family argued that recent incidents have shown that once such orders are issued, the subjects are either abandoned somewhere alive and this is likely to be the case for Hussein.

If Justice Muteti agrees with the family’s prayers, the lawyers will be seeking that the orders be issued to a specific person- either the Inspector General of Police or the Director of Criminal Investigations, instead of vague orders.

The government had opposed the application through Counsel Wanjiku Mwangi of the State Law Office who said the orders sought are not necessary as the police are still investigating the matter.

The case resumed on Thursday after it turned out that the body found at a lake in Wajir was not that of Hussein.

The report from the Government Chemist indicated that the DNA samples collected from the body recovered in Lake Yahud (Yahud Dam) did not match with that of Hussein's mother Halima Hussein and his brother Mohamed.

“Halima Hussein is excluded as the biological mother to the donor of the cartilage (samples collected from the body suspected to be Yussuf’s). Mohamed Hussein is excluded as a biological sibling to the donor (the deceased),” reads the report in part.

The report tallies with that of the family pathologist Dr Daniel Zuriel which was also tabled before the court on Thursday.

The investigation was conducted upon the request of Chief Inspector Urbanas Kioko of DCI offices in Wajir to determine if there was a genetic relationship between the body and the relatives of the missing politician.

Hussein was abducted by armed men in South B Nairobi on September 13, 2024, before being driven away in a Prado and has never been charged or produced in court.

The government has insisted that he is not in police custody and that his case is being treated as a matter of a missing person.