The High Court has allowed a habeas corpus application filed over the disappearance of Nairobi lawyer Abshir Ahmedsadak Abdi to proceed to a full hearing, paving the way for the Law Society of Kenya (LSK) to present evidence on the circumstances surrounding his disappearance.
In his ruling, Justice Alexander Muteti observed that there was no dispute that Abdi was missing and that the State had not produced him before the court despite the proceedings seeking to establish his whereabouts. However, the judge cautioned that the State’s failure to produce the lawyer in court should not be used as a reason to suspend or delay the proceedings.
Justice Muteti said it was only fair that the habeas corpus application be heard without further delay and that the State be given an opportunity to respond to the allegations raised by the applicant. The judge deliberately declined to make a determination on whether the explanation offered by the State for failing to produce Abdi was satisfactory, noting that doing so at this stage could prejudice the outcome of the substantive hearing.
“I deliberately elect not to delve into the question as to whether or not the explanation offered by the State for failing to produce the subject is satisfactory lest I be accused of prejudicing the outcome of the matter before the same is substantively heard. That shall await the final determination of the matter,” Justice Muteti ruled.
The court consequently directed the Law Society of Kenya to line up its witnesses and present evidence to demonstrate the circumstances surrounding Abdi’s disappearance before the court makes its final determination.
Abdi’s disappearance has sparked concern among members of the legal fraternity, with the Law Society of Kenya demanding answers from the government over his whereabouts.
The lawyer was reportedly abducted in the early hours of November 1, 2026, near Muchai Road, off Ngong Road in Nairobi, in an incident that raised fresh concerns about alleged enforced disappearances and the safety of citizens.
Following his disappearance, his brother, Zakaria Abshir, moved to the High Court through a habeas corpus application seeking orders compelling the authorities to produce Abdi before the court or explain his whereabouts. The application seeks to establish whether Abdi was taken into custody by security agencies and, if so, the circumstances surrounding his disappearance.
During the proceedings, the LSK President, Charles Kanjama, informed the court that the society intended to make an application seeking to summon the Interior Cabinet Secretary and the Principal Secretary for Interior, arguing that the two government officials possess material information relevant to the case.
The society has also been allowed to present witnesses to demonstrate its allegations concerning the lawyer’s disappearance.
The habeas corpus proceedings are expected to examine the evidence presented by both sides before Justice Muteti determines the application.
