Justice Muteti Hears Testimony Request From Lawyer Abshir Abdi in Habeas Corpus Case

On Friday at 10:22 am, Justice Alexander Muteti of the Milimani High Court heard former Law Society of Kenya President Eric Theuri request that lawyer Abshir Ahmedsadak Abdi and his friend Ayub Mohamud Maalim be allowed to give testimony in the ongoing habeas corpus application concerning Abdi’s disappearance.

Abdi was abducted on November 1, 2026 in Nairobi after armed, masked men forced his white Toyota Premio into a drainage channel on Muchai Road off Ngong Road, and he and Maalim were held for eleven days.

The two men were released between 5 am and 6 am on Thursday in Marsabit County near the Kenya-Ethiopia border, blindfolded and ordered to run, and members of the public found them at Rawana and Uran shopping centres; they were taken to Sololo Police Station, gave statements and were later flown to Nairobi.

Abdi sustained minor injuries while being transported after release, sought medical aid at Nairobi Hospital and was receiving treatment, with Theuri indicating he would appear in court within one to two hours.

Theuri told the judge, “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,” and argued that the reappearance does not automatically terminate the habeas corpus proceedings, adding, “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.”

He further urged the court to order expedited investigations and “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.”

Justice Muteti questioned whether taking evidence from the two men in the habeas corpus application would exceed its scope and potentially prejudice a pending criminal case against the abductors, and asked for clarification on the specific orders the family sought.

Law Society of Kenya President Charles Kanjama welcomed the safe recovery and said the legal fraternity will continue demanding full accountability for enforced disappearances, while the National Police Service denied any involvement of state security units and appealed for public information to aid the investigation.

Theuri also noted that the abductors left the men in locations inhabited by different ethnic communities near the border, potentially creating confusion over their identities, and urged the court to consider the implications of those locations.