The Law Society of Kenya has asked the Milimani High Court to continue the habeas corpus inquiry into the disappearance of lawyer Abshir Ahmedsadak Abdi, despite his recent appearance in court. The LSK argues that Abdi's return does not settle the questions surrounding his alleged disappearance. The inquiry was initiated after Abdi and his companion Ayub went missing for 12 days.
During a hearing before Justice Alexander Muteti at the Milimani High Court on November 13, 2026, LSK President Charles Kanjama, Senior Counsel Eric Theuri, and other counsel urged the court to examine the circumstances surrounding Abdi's disappearance. They argued that the purpose of habeas corpus extends beyond merely locating a missing person, especially where allegations of unlawful detention and possible state involvement have been raised.
Senior Counsel Theuri warned that interpreting habeas corpus as automatically ending once a person is produced would undermine the constitutional duty of courts to protect fundamental rights under Article 20. The LSK submission detailed that Abdi and Ayub were abandoned near the Kenya-Ethiopia border in Marsabit County after being blindfolded and transported from Nairobi for about 12 days.
The LSK has raised several questions, including whether Abdi and Ayub were detained, who detained them, and the circumstances of their custody. The society has also invoked the state's obligations under Article 21. The State and other respondents have argued, citing Supreme Court precedent, that the habeas corpus process was fulfilled once the two were found alive and free.
The respondents are seeking to end the proceedings, but the LSK is pushing for the court to investigate further. Justice Muteti has issued conservatory orders preventing any state agency from arresting, detaining, or harassing Abdi or Ayub pending a substantive ruling. The matter has been adjourned to November 23, 2026.
The case has raised concerns about the state's involvement in Abdi's disappearance and the need for accountability. The LSK's challenge to the closure of the habeas corpus inquiry is seen as a crucial step in ensuring that the rights of Abdi and Ayub are protected. The court's decision will have implications for the protection of human rights in Kenya.
The habeas corpus inquiry is a critical process for ensuring that individuals are not unlawfully detained. The LSK's argument that the inquiry should continue is based on the need to establish the circumstances surrounding Abdi's disappearance and to hold those responsible accountable. The court's ruling will determine whether the habeas corpus process will be allowed to continue.
Key points
- The Law Society of Kenya is pushing for the court to investigate further into the disappearance of lawyer Abshir Ahmedsadak Abdi.
- The State and other respondents are seeking to end the habeas corpus proceedings, citing Supreme Court precedent.
- The court's decision will have implications for the protection of human rights in Kenya.
