A brother of missing lawyer Abshir Ahmedsadak Abdi has presented CCTV footage and photographs in court showing what he says was his brother’s abduction by armed men on November 1, 2026.
Zakaria Abshir also presented photographs showing his brother’s arrest in October 2025 and subsequent interrogation by officers from the Counter Terrorism Bureau.
He told the High Court that Abshir was later taken to the Kahawa Law Courts, where anti-terrorism police sought orders to detain him for 10 days.
After the evidence was presented, Justice Alexander Muteti directed Zakaria to serve the material on the Inspector-General of Police, the Directorate of Criminal Investigations (DCI) and other respondents in the case ahead of Thursday’s hearing.
Abshir, an advocate of the High Court, was allegedly abducted on the morning of November 1 by armed men who bundled him into a vehicle and drove away. His whereabouts remain unknown.
In an affidavit filed in court, Zakaria said his brother had previously been arrested on October 9, 2025, by officers from the Counter Terrorism Bureau, who were later joined by officers from the National Intelligence Service (NIS) and the Directorate of Military Intelligence.
He said that after his release, Abshir lodged complaints with the heads of the NIS and DCI, but no action was taken.
During the interrogation, Zakaria said, his brother was questioned about his role as a witness in a criminal case and subjected to what he considered intimidating conduct intended to interfere with his participation in the proceedings.
The family subsequently moved to court seeking orders compelling the authorities to produce the missing lawyer.
However, when the parties appeared before Justice Muteti, the police and DCI denied holding Abshir, saying they could not produce someone who was not in their custody.
Judge rules in habeas corpus case of abducted lawyer Abshir Abdi
In an earlier ruling, the judge said the court needed to examine the evidence presented by the family alongside responses from government agencies before determining the matter.
“It would be interesting to hear the testimony of the applicant as well as review the materials that he holds which he believes may shed light into the circumstances surrounding the abduction and eventual disappearance of the subject and weigh that against the response by the respondents,” Justice Muteti said.
The judge said the court would hear evidence from all parties before deciding whether to make the absolute decision and hold accountable those implicated in the lawyer’s disappearance.
He said personal liberty is fundamental to the enjoyment of other constitutional rights and can only be restricted within the limits prescribed by law.
“No person, no matter how high they rank in the exercise of state powers of arrest and detention, should be permitted to arbitrarily limit the liberty of any individual except as may be authorised by the law. The allegations in the affidavit of the applicant are damning and invite a greater degree of scrutiny of the conduct of State agents in investigating the matter complained of by subject in his letter to the DCI prior to his disappearance,” the judge said.
The Law Society of Kenya (LSK) has also raised concerns over the disappearance, saying it could be connected to Abshir’s professional duties.
Zakaria Abshir(left), the brother of missing lawyer Abshir Ahmedsadak Abdi, testifies at the Milimani Law Court during the hearing of his missing brother's case on November 11, 2026.
Photo credit: Billy Ogada | Nation
In an affidavit filed in court, LSK said the circumstances surrounding his disappearance were worrying, particularly in light of allegations of his previous arrest, interrogation and intimidation.
The society said Abshir was reportedly being pursued along Muchai Road by two vehicles, a Toyota Prado TX and a double-cab vehicle, whose occupants were armed. Some of the men were allegedly dressed in what appeared to be police uniforms and bulletproof vests.
His vehicle was later recovered along the same road, but there was no trace of him.
Ms Muturi said the society was particularly concerned that the disappearance could be linked to Abshir’s involvement in a criminal case before the Makadara Law Courts, where he was reportedly a complainant and material witness.
