The High Court in Nairobi has ordered the National Police Service and eight other state agencies to produce lawyer Abshar Ahmedsadak Abdi before court, dead or alive, following concerns over his disappearance and the circumstances surrounding his reported abduction.
In orders issued on Wednesday, November 4, Justice Alexander Muasya Muteti directed nine respondents to ensure Abdi is presented at the Milimani High Court at 2:30pm to account for his whereabouts.
The judge also summoned 10 respondents to appear before the court, either personally or through their appointed advocates, and produce any arrest warrants authorising Abdi's arrest and detention.
They were further required to explain why the lawyer should not be released immediately from custody, if he was being held.
Justice Muteti warned that failure to comply with the directives would attract penal consequences, directing that the application and accompanying orders be served on all respondents for immediate action.
The application was filed by Zakaria Abshir, who sought urgent court intervention over the lawyer's whereabouts.
According to the court documents, the matter had initially been scheduled for hearing before Justice M. Muya, who was away on official duty.
However, the certificate of urgency filed on November 3 was subsequently placed before Justice Muteti, who was serving as the duty judge in the Criminal Division.
After considering the application and hearing counsel for the applicant, the judge certified the matter urgent and directed that it be heard immediately.
“Upon hearing Counsel for the applicants, this matter is certified urgent and fit for immediate determination,” the judge ordered.
The case was scheduled for an open court hearing at 2:30pm on Wednesday, with the respondents expected to account for Abdi's whereabouts and provide legal documents supporting any reported arrest or detention.
The court action follows an alert by the Law Society of Kenya (LSK), which raised concerns over the lawyer's disappearance and called for accountability from relevant authorities.
In a statement dated November 3, the lawyers' association said Abdi, who works at Abshir & Njagi Advocates, was allegedly pursued by two vehicles, a Toyota Prado TX and a double-cab vehicle.
LSK reported that the occupants of the vehicles were armed with firearms, with some dressed in what appeared to be police uniforms and bulletproof vests.
The association further disclosed that Abdi's vehicle was later found abandoned along the same road, but his whereabouts remained unknown when the statement was issued.
The latest court directives place nine state agencies under pressure to account for the lawyer and establish whether his reported arrest and detention were carried out under lawful authority.