The DNA test of the body suspected to be of the Della Ward missing MCA has turned negative pathologist confirmed that the body does not belong to that of Yussuf Abdulahi Ahmed who was abducted on September 13, 2024.
The family pathologist Dr Daniel Zuriel who was present in court gave the postmortem report which was done in the government facility at KEMRI indicating that the body that was retrieved in Lake Yahud in Wajir is not that of the missing MCA.
Following the negative results, the family lawyers led by Law Society of Kenya president Faith Adhiambo, Danstan Omari, Sam Nyamberi and Shadrack Wambui urged the court their habeas corpus application be allowed for the government to produce the subject person dead or alive,
“Your honor since the family pathologist has confirmed the body that was retrieved in lake Yahud was not of the subject person we urge the application of herbeous corpus be allowed,” Adhiambo submitted.
The state council led by Wanjiku Mwangi prayed to the court to give the state two more days for the government pathologist to finalize his report and hand them to respond on the same.
She cited that the matter is supposed to be taken as that of a missing person.
She confirmed to the court that the missing person is no longer in the hands of police and the Investigations need to continue to determine his whereabouts.
She urged the High Court judge Justice Alexander Muteti to consider the matter being of a missing person since he is not in police custody,
“My lord following the DNA report before this court and considering the fact that the subject person is not in police custody we pray for two more days to continue with Investigations,” Wanjiku submitted.
The defence team objected to the application by the state stating that the family is suffering since their kin was abducted and prayed the court to deny the state for more time.
They insisted that the body of Yusuf Abdulahi Ahmed be produced in court dead or alive,
“Your honor it is ridiculous for the state to seek more time for Investigation considering the suffering the family is undergoing,” Omari told the court.
The family lawyers requested the court to mention the matter on Friday for the state to give their report.
On Sunday, September 20 2024, a decomposing body of a male adult was discovered in Lake Yahud in Wajir County where two family members said it belonged to their kin.
Following the condition of that body, the family through their lawyers jointly with the DCI Homicide department found it necessary for DNA to be taken to identify whether it belonged to the subject person in the matter.
The samples were taken from the body and from the mother and the brother of the deceased to determine whether it was their kin before the interment of his remains.
Earlier the government had prayed to the court to quit the case since Yusuf Abdulahi Ahmed is not in police custody citing that they had nothing to respond to but the court declined the plea and allocated the case to be mentioned on Wednesday for directions.
Abdulahi was abducted on September 13, 2024, while on board a taxi driven by Kioko Wambua from South C where the taxi driver confirmed the abductors were armed with AK 47 riffles.
In his brief ruling, Justice Muteti directed the hearing of the matter to continue on Friday with or without the government report,
“The hearing of the matter will continue on Friday with or without the report from the government pathologist,” Muteti ruled.