Americans seek writ of habeas corpus to recover child ‘rescued’ by Kenyan police

This appears to have triggered an avalanche of harassment. Daisy and Matt met CS for Labour and Social Protection, Ukur Yattani, with government officials in October 2018. In that meeting, Irene Mureithi, the CEO of the Child Welfare Society, made it clear that she thought there were enough Kenyan mothers for Kenyan children.

In lengthy follow-up interviews with CWS officials, Matt and Daisy were accused of child trafficking and fabricating medical records to make it appear that the child was sick.

In September 2018, the child had epileptic seizures for six hours continuously. He was admitted to MP Shah hospital and put into an induced coma. The doctors advised that, if possible, it would be best to take the child abroad for specialised medical treatment.

On the morning of Friday, April 5, Daisy and Matt were due in the Children’s Court to apply for permission for the child to travel to the United States for medical treatment. The case was adjourned to May 14 because their lawyer Danston Omari had been bereaved. Matt and Daisy stated that they were willing to take an official from the Children’s Department to the United States with them to act as chaperone to the child.

That night Daisy and Matt had just put the child to bed when 11 men, in civilian clothes without identification but claiming to be police officers, forcibly entered their flat in Westlands. When Matt demanded to see a court order, they were told, “This isn’t America, this is Kenya.”

Two women were then allowed to take the boy away without any of his possessions except one stuffed toy.

Since then Daisy and Matt have been struggling to find out who took their child and why.

The child has to take anti-seizure medicine three times a day. The ‘rescue’ was reported at the Spring Valley police station but the OCS refused to accept the medicine to hand over to whoever was holding the child.

The American embassy then intervened and on Sunday ‘Mr Baraza’ from the DCI went to Gigiri to collect the medicine from the embassy. The tweet by the DCI claiming credit for the rescue and naming the child was deleted shortly afterwards.

Lawyer Danstan Omari has now filed a writ of Habeas Corpus on the Inspector of General of Police, the Child Welfare Agency and the Attorney General to produce the child under a certificate of urgency.

Omari alleges contempt of court since Matt and Daisy are the recognised legal guardians of the child and have an ongoing case in the Children’s Court requesting permission for the child to travel for medical treatment.