Police have denied holding the Egyptian whose family has now lodged a Habeas Corpus application at the high court.
Samy was abducted along Raphta Road and was initially booked at the Kileleshwa police station before his whereabouts became known.
According to his lawyers, Conrad Maloba and Michael Amalemba the foreigner may have been deported.
The lawyers have been allowed to file affidavits in court, which will include that of Samy’s wife, as they seek summons against the Hamisi Massa of the Anti-Narcotics Unit who has denied knowing the whereabouts or supposed arrest of the Egyptian.
Samy’s wife Sarah states in an affidavit that to date she has not been told the reasons behind her husbands incarceration.
The Habeas Corpus application is sought to compel the police to produce Samy dead of alive.
“We now seek leave for summons on the deponent(Massa)…he is denying that Ahmed was ever arrested,” Amalemba told justice Luka Kimaru on June 28 2018.
The lawyer said police initially admitted having arrested Samy and that they were holding him. He further stated that the wife was apprehensive that DCI may have deported him unlawfully.
“Despite incessant efforts by the applicant’s relatives and his advocates to trace him to the officers dealing with the matter within the DCI, the said officers have not disclosed the reasons for the applicant’s arrest, where the applicant is being held or indeed if they intend to charge the applicant with any offences known to law,” Moussa’s lawyers application filed in court reads.
They had earlier sought orders restraining the Department of Immigration from deporting him pending the hearing of his application on June 27 2018.
Moussa’s lawyers also asked the High Court to issue orders releasing the suspect on bail.
In a supporting affidavit, Samy’s said she needed support from her husband to take care of their two young children, one of whom was born on June 11 2018.
In her affidavit, Sarah said she arrived with Moussa in the country on a tourist visa in January 2018 with the intention to return to Georgia, where they came from, after five months.
File fresh affidavits
According to Sarah, their stay in the country was to help them study the business environment in Kenya to gauge the prospects of setting up a business.
The deponent cited a medical advisory from a local hospital as the reason she and her husband stayed beyond the initial five months.
“My doctors advised that it was not safe to travel out of the country since I was pregnant at the time and due for delivery and I was informed to postpone my travel until a period not less than one month to ensure I fully recover before I could travel again,” she deposed.
According to his wife, about 13 police officers who arrested him when they raided his residence on Raphta Road seized an Apple laptop, a Samsung laptop, and three mobile phones.
“The police asked for my husband’s bank account details which I gave out both his personal bank account details as well as those for his company after which they took his passport as well as his mobile phones,” she stated.
The matter has been adjourned to July 3 2018 as lawyers file fresh affidavits.