Advocate Abshir Ahmedsadak Abdi appeared before the Milimani High Court on Friday, nearly two weeks after he was allegedly abducted in Nairobi and later found in Marsabit County. Abdi was accompanied by his colleague, Ayub Mohamud Maalim, who was also reported missing following the November 1 incident. The two reportedly regained their freedom between 5am and 6am on Thursday before travelling back to Nairobi, arriving at around 6am after a journey lasting approximately seven to eight hours.
Abdi Seeks Medical Attention After Release
Following their release, the two men were taken to Sololo Police Station, where officers recorded their statements. Abdi had also sought medical attention for minor injuries sustained during the alleged abduction. His lead family lawyer, Senior Counsel Eric Theuri, told the court that his client was still experiencing pain following the incident and the lengthy journey back to Nairobi. Despite their return, the family wants the habeas corpus proceedings to continue, arguing that the men’s release should not automatically end the case.
Family Wants Abduction Investigations to Continue
Theuri told the court that although the release of Abdi and Maalim could technically bring the habeas corpus proceedings to an end, doing so without establishing what happened would undermine efforts to secure accountability. He warned that terminating the case simply because the two men had been released could create a situation where individuals involved in alleged abductions escape scrutiny by freeing their victims after court proceedings begin.
The lawyer maintained that the court should allow the two men to testify about their experiences to help establish the circumstances surrounding their disappearance and identify any parties who may bear responsibility. He also asked the court to consider directing relevant agencies to expedite investigations and provide an account of the measures being taken to prevent similar incidents.
Lawyer Raises Concerns Over Security Agencies
Theuri further argued that constitutional security agencies have an obligation to protect citizens and that the court should establish whether the relevant institutions fulfilled their responsibilities. He maintained that issuing directions to establish accountability would not necessarily interfere with the independence of security agencies, since those institutions are also required to operate within the Constitution.
The lawyer also raised concerns about the circumstances surrounding the men’s release. He suggested that the family suspected the two may have been taken to an area experiencing ethnic tensions, where any harm they suffered could potentially have been attributed to the prevailing conflict. However, the allegation had not been independently established.
Court Asked to Examine Earlier ATPU Claims
Theuri also referred to an earlier court appearance by officers from the Anti-Terrorism Police Unit (ATPU), who reportedly told the court that Abdi was under investigation over several serious criminal allegations. He argued that the court should examine the basis of those investigations alongside the circumstances of Abdi’s disappearance.
The lawyer maintained that allowing the proceedings to end without hearing evidence from the two men would leave important questions unanswered, particularly concerning the responsibility of public institutions mandated to protect citizens. The family is therefore seeking continued court oversight to establish what happened to Abdi and Maalim and ensure that any individuals or institutions found responsible are held accountable.
