Missing Nairobi lawyer Abshir Ahmedsadak Abdi has finally appeared before the Milimani High Court, seeking permission to narrate his 11-day abduction ordeal.
Abdi appeared before Justice Alexander Muteti on Friday at 10:22 am with his lawyer, former Law Society of Kenya (LSK) President Eric Theuri, informing the court that his client was ready to testify on the circumstances surrounding his disappearance.
Theuri also told the court that Abdi's friend and fellow abductee, Ayub Maalim, was present and both were prepared to give their accounts of what happened during the 11 days they were held captive.
"My Lord, the subject Abshir is now in court and his colleague Ayub Maalim is also before the court. We desire that we also take his testimony because he is a material witness," Theuri told the judge.
The lawyer said the two men had arrived in Nairobi early Friday morning around 6:30am after being released by their captors in Marsabit County on Thursday.
Theuri had earlier informed the court that Abdi sustained minor injuries during the ordeal and had sought medical attention at Nairobi Hospital after arriving in the city this morning.
He said the two men were released between 5am and 6am on Thursday before being found by members of the public in different locations in Marsabit County.
"Immediately after we left the court yesterday, we talked to DCIO Marsabit, who is near the Kenya-Ethiopia border. He confirmed that the said lawyer Abshir and his friend Ayub Maalim, who had been abducted together with the lawyer, had been found by members of the public at two different places in Rawana and Uran," Theuri said.
He further told the court that the two men had been blindfolded and abandoned in separate locations near the Kenya-Ethiopia border, where they were ordered to run for their lives.
He further explained that after the blindfolds were removed, the two men were ordered to run for their lives without looking back.
"Your Honour, the two told me that they were released while still blindfolded in the thickest part of the area of Marsabit County and told not to look back," Theuri said.
Theuri further raised concerns over the ethnic dynamics in the areas where the two men were abandoned near the Ethiopia border, saying the abductors appeared to have deliberately left them in locations inhabited by different communities, potentially creating confusion over their identities.
He mentioned that one of the missing persons’ lives was at risk as he was freed near the Garre and Borana communities, arguing that the circumstances of his release could have exposed the two men to further danger or suspicion because of their ethnic surroundings.
He urged the court to consider the circumstances under which the two were abandoned and the possible implications of the locations chosen by their abductors.
He also sought permission for the two men to narrate their experiences in court, arguing that their accounts were critical to establishing the circumstances of the disappearance.
The family wants the court to proceed with the habeas corpus application despite the two men having resurfaced, arguing that their release should not automatically terminate the proceedings.
"It is our submission that the reappearance or release of the subject does not automatically terminate the habeas corpus proceedings without a full inquiry of the circumstances of that disappearance," Theuri submitted.
He argued that enforced disappearances presented a unique challenge to habeas corpus proceedings because perpetrators could release victims once public pressure mounted, potentially frustrating efforts to establish accountability.
The lawyer warned that terminating the proceedings immediately after the two men resurfaced would embolden those behind the alleged abductions.
"My Lord, what I anticipate is that the proceedings before you, with the abductees released in whatever custody they were, are technically terminated," he said.
Theuri urged the court to order expedited investigations and compel constitutional security agencies to provide detailed explanations on the measures being taken to dismantle networks allegedly responsible for abductions.
"What we are expecting is that the court makes an order for expedited investigations and the court can make an order for much more exhaustive responses from the constitutional organs charged with public safety and security on the steps that have been taken or are being taken to either curb or break this ring that is conducting abductions," he said.
Justice Muteti, however, questioned whether taking evidence from the two men and making findings within the habeas corpus proceedings would go beyond the scope of the application and potentially prejudice other proceedings, including an intended criminal case of abduction against the abductors.
The judge also sought clarification on the specific orders the family wanted the court to issue following Abdi's reappearance.
Theuri maintained that the court should not close the matter without examining the circumstances surrounding the disappearance, insisting that criminal investigations must continue to their logical conclusion.
