NAIROBI, Kenya- Senior Counsel Paul Muite has called for the immediate release or formal charging of missing Nairobi advocate Abshir Ahmedsadak Abdi, warning that Kenya cannot normalise abductions and extrajudicial executions under the 2010 Constitution.
In a post on X, Muite questioned how a country governed by the rule of law could tolerate continuing cases of enforced disappearances, particularly where the Constitution guarantees the right to life and safeguards the rights of arrested persons.
“Release this young lawyer Abshir A. Abdi immediately or charge him in court,” Muite said.
He asserted that State agencies were behind abductions, but did not name a specific institution or present evidence linking a particular agency to Abdi’s disappearance.
Court orders State agencies to account for Abdi
Muite’s remarks come days after the High Court directed State agencies to produce Abdi in court, “live or dead”, and to provide any warrants authorising his arrest or detention.
Justice Alexander Muteti issued the orders after Abdi’s family filed an urgent habeas corpus application seeking to compel security agencies to disclose whether the lawyer was in State custody and the legal basis for any detention.
The court summoned Inspector General of Police Douglas Kanja, Director of Criminal Investigations Mohamed Amin and other security agencies to account for the lawyer’s whereabouts and explain why he should not be released if he was being held.
The case is due for further directions on November 10.
Abdi, an advocate at Abshir & Njagi Advocates, was reported missing after armed men allegedly intercepted his vehicle along Muchai Road, off Ngong Road, in Nairobi, in the early hours of November 1.
His family says his Toyota Premio, registration KDL 356C, was later found abandoned along the same road and reported the incident at Kilimani Police Station under OB No. 55/1/11/2026.
Court documents cite witnesses who said Abdi’s vehicle was pursued by a black Toyota Prado TX and a double-cab pickup before he was allegedly forced into another vehicle by men in tactical gear.
The identities of those involved have not been publicly established.
DCI denies involvement
The DCI has denied police involvement in Abdi’s disappearance. Director Mohamed Amin said investigators had been assigned to establish what happened and urged the Law Society of Kenya and other institutions to share any information that could assist the inquiry.
An officer from the Anti-Terrorism Police Unit also told the High Court that Abdi was not being held in ATPU custody.
Muite’s intervention nevertheless adds to growing pressure from the legal fraternity, which has demanded that authorities either produce Abdi before a court or explain his whereabouts.
Constitution requires court appearance within 24 hours
Article 49 of the Constitution requires an arrested person to be brought before a court as soon as reasonably possible and, in any event, within 24 hours of arrest, or by the end of the next court day where the period expires outside normal court hours.
At the first court appearance, the person must be charged, informed why detention should continue, or released.
Amnesty International Kenya has said Abdi’s disappearance adds to 22 abduction cases it has recorded in 2026, calling for his immediate release or production before a competent court if he is in lawful custody.
The organisation also wants an independent investigation into the disappearance and accountability for anyone found responsible.
