Abducted Nairobi lawyer Abshir Ahmedsadak Abdi has finally appeared before the Milimani High Court, seeking permission to narrate his 11-day abduction ordeal. Abdi appeared before Justice Alexander Muteti on Friday at 10:22 am with his lawyer, former Law Society of Kenya (LSK) President Eric Theuri. Theuri informed the court that Abdi's friend and fellow abductee, Ayub Maalim, was present and both were prepared to give their accounts of what happened during the 11 days they were held captive.
According to Theuri, Abdi and Maalim were released between 5am and 6am on Thursday in Marsabit County. They were found by members of the public in different locations. Theuri had earlier informed the court that Abdi sustained minor injuries during the ordeal and had sought medical attention at Nairobi Hospital after arriving in the city. The two men were abducted together and were blindfolded and abandoned in separate locations near the Kenya-Ethiopia border.
Theuri raised concerns over the ethnic dynamics in the areas where the two men were abandoned. He stated that the abductors appeared to have deliberately left them in locations inhabited by different communities, potentially creating confusion over their identities. One of the locations was near the Garre and Borana communities, which could have exposed the two men to further danger or suspicion.
Theuri sought permission for Abdi and Maalim to narrate their experiences in court, arguing that their accounts were critical to establishing the circumstances of the disappearance. The family wants the court to proceed with the habeas corpus application despite the two men having resurfaced. They argue that their release should not automatically terminate the proceedings.
Theuri warned that terminating the proceedings immediately after the two men resurfaced would embolden those behind the alleged abductions. He urged the court to order expedited investigations and compel constitutional security agencies to provide detailed explanations on the measures being taken to dismantle networks allegedly responsible for abductions.
Justice Muteti questioned whether taking evidence from Abdi and Maalim and making findings within the habeas corpus proceedings would go beyond the scope of the application and potentially prejudice other proceedings. The judge also sought clarification on the specific orders the family wanted the court to issue following Abdi's reappearance.
The case has raised concerns about enforced disappearances in Kenya. Theuri argued that these cases presented a unique challenge to habeas corpus proceedings because perpetrators could release victims once public pressure mounted, potentially frustrating efforts to establish accountability. The court is yet to make a ruling on the matter.
Key points
- Abducted lawyer Abshir Abdi and his friend Ayub Maalim were released in Marsabit County after being held captive for 11 days.
- The lawyer's family wants the court to proceed with the habeas corpus application despite Abdi's reappearance.
- The court is yet to make a ruling on the matter.
