The family of missing lawyer Abshir Ahmedsadak Abdi has asked the High Court to compel security chiefs to produce him, dead or alive, insisting he’s in police custody following his alleged abduction by armed men.
The demand came as lawyers took to the streets of Nairobi on Friday, blowing whistles and carrying placards to protest his disappearance and demand an end to abductions in the country.
In court, the family, supported by the Law Society of Kenya (LSK), told Justice Alexander Muteti that Abdi's disappearance on November 1 had all the hallmarks of an enforced disappearance. They demanded that Inspector-General of Police Douglas Kanja and Directorate of Criminal Investigations (DCI) boss Mohamed Amin account for his whereabouts.
“Give us our son back,” the family pleaded, adding, “We believe firmly that Abshir is detained by police and should be released forthwith.”
However, police, through Senior Counsel Paul Nyamodi, denied holding the advocate, arguing that officers could not produce a person who was not in their custody.
Mr Nyamodi told the court that investigators had launched an investigation to establish the circumstances surrounding Abdi's disappearance, apprehend those responsible and secure his rescue.
The competing claims emerged during a habeas corpus application at the High Court in Milimani, Nairobi, in which the family wants security agencies compelled to disclose Abdi's whereabouts and present him before the court.
Justice Muteti directed the Inspector-General, DCI and the Independent Policing Oversight Authority (IPOA) to respond to the application. The matter is scheduled for further directions on November 10.
Lawyers representing the family and the LSK said Abdi's disappearance amounted to an enforced disappearance and that the court had a constitutional obligation to intervene.
They urged the judge to issue orders compelling police to present the advocate, who practises at Abshir & Njagi Advocates, in court.
The family further accused security officers of attempting to portray Abdi as a criminal instead of addressing the circumstances of his disappearance.
Lawyer Abshir Ahmedsadak Abdi who has been reported missing.
Photo credit: Pool
In response, Chief Inspector Vitalis Kibett, the Officer Commanding Station at the Counter-Terrorism Bureau in Nairobi, told the court that investigators had previously suspected Abdi of involvement in the abduction of Ahmed Ali Mohammed.
He said police had sought 30 days to interrogate the advocate through a miscellaneous application at the Kahawa Law Courts, but the prosecutor declined to certify the application.
The court heard that three State prosecutors had reviewed the allegations and found insufficient evidence to charge Abdi with an offence.
Police have also alleged that the lawyer was involved in an extortion network that allegedly exploited arrests and criminal prosecutions to punish people who refused to pay money.
Mr Kibett claimed the scheme involved officers from Pangani, Shauri Moyo, Airbase, Eastleigh North and California police stations.
But the family maintained Abdi's previous encounters with security agencies and threats he allegedly received could be connected to his disappearance.
According to court documents, Abdi's brother told the court that the advocate had received threats from individuals allegedly linked to the National Intelligence Service (NIS), DCI, Counter-Terrorism Bureau and the Kenya Defence Forces.
The alleged threats warned him to withdraw from a criminal case at the Makadara Law Courts, in which he was a witness, or face abduction and death.
His brother further claimed that Abdi had reported the threats to senior security officials but no action was taken.
Court documents indicate that Abdi was last seen at around 4am on November 1 along Muchai Road, off Ngong Road, in Nairobi.
The family alleges that armed men dressed in tactical gear intercepted his white Toyota Premio, registration number KDL 356C, and forced him into a black Toyota Land Cruiser Prado TX.
In an affidavit, Zakaria said members of the public had informed investigators that they witnessed Abdi's vehicle being pursued by two vehicles — a black Prado TX and a black double-cabin vehicle — before it veered into a ditch.
“The members of the public further informed the investigating officer that they saw the armed individuals arrest the occupant of the white motor vehicle and forcefully drag him into the Land Cruiser TX,” he stated.
Outside the courtroom, lawyers led by LSK President Charles Kanjama began their demonstration at the Milimani Law Courts and marched towards police headquarters to present their concerns to Mr Kanja.
The lawyers and human rights defenders said the disappearance of their colleague raised concerns about the safety of legal practitioners and the protection of citizens.
“Until Abdi is free, until he is released, until he is with us, we will not relent. We will not stop. Today is just the beginning,” Mr Kanjama said.
He added that the lawyers will engage different institutions in the coming days, including the police, DCI, NIS and Parliament.
He warned that the protests could eventually be taken to State House if the institutions failed to address their concerns.
Human rights activist Hussein Khalid said the protest was also aimed at calling for an end to abductions across the country.
“We are saying enough is enough and the police must do their job. Every Kenyan has a right to security,” Khalid said.
On November 4, the High Court directed designated government officials and security agencies to produce Abdi before it, alive or dead, and explain the circumstances surrounding his disappearance. The court also required them to present any warrants authorising his arrest and detention.
The family maintains that Abdi's disappearance is not merely a missing-person case but a matter involving fundamental constitutional rights, the accountability of security agencies and the protection of advocates who participate in criminal proceedings.
The court is expected to give further directions on November 10 as the security agencies prepare their responses to the allegations.
