NIS, DCI Ordered to Produce Missing Nairobi Lawyer Alive or Dead

The High Court in Nairobi has ordered the National Intelligence Service (NIS), the Directorate of Criminal Investigations (DCI) and other security agencies to produce missing lawyer Abshar Ahmedsadak Abdi before the court, either alive or dead.

The orders were issued on Wednesday, November 4, at the Milimani High Court by Justice Alexander Muasya Muteti during proceedings on a Notice of Motion dated Monday, November 2.

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"That the upon hearing Counsel for the applicants, this matter is certified urgent and fit for immediate determination," the court stated.

In a further order, Justice Muteti directed several respondents to produce Abdi's body before the court, whether alive or dead, at 2:30 pm on Wednesday.

"That an order be and is hereby issued directing the 3rd, 4th , 5th, 9th, 10th ,11th, 12th,13th ,14th Respondents to produce the body of the subject Abshar Ahmedsadak Abdi live or dead before this Honorable court at 2:30 Pm," the court added.

The respondents named in the proceedings include the Director of the National Intelligence Service, the Directorate of Criminal Investigations, the National Police Service, the Counter Terrorism Bureau, the Directorate of Military Intelligence, and the Attorney General among others.

The court also summoned several respondents to appear personally or through their duly appointed legal representatives and explain the circumstances surrounding Abdi's alleged arrest and detention.

They were further directed to present any warrants of arrest authorising his arrest and continued detention and explain why he should not be released immediately.

"The 3rd, 4th, 5th ,6th,9th, 10th, 11th, 12th, 13th and 14th Respondents are summoned to appear in person or through their duly appointed Counsel together with any warrants of arrest authorizing the arrest and detention of the subject and show cause why the said subject should not be immediately released from custody," the court further said.

The court also directed that the application, together with its orders, be served upon all the respondents for immediate compliance.

The matter was scheduled for hearing at 2:30 pm in open court, where the respondents were expected to account for the missing lawyer's whereabouts and the circumstances surrounding his disappearance.

Justice Muteti warned the respondents and anyone else who might disregard the court's directives that failure to comply would attract legal consequences.

"Take notice that any disobedience or non-observance of the order of the court served herewith will result in penal consequences to you and any other person(s) disobeying and not observing the same," the court warned.

Abdi was allegedly abducted by armed men in a dramatic incident along Muchai Road, off Ngong Road, in Nairobi, in the early hours of Sunday, November 1.

According to court documents and CCTV footage, the incident happened at approximately 4:41 am when Abdi was driving his white Toyota Premio.

His vehicle was reportedly being pursued by a black Toyota Land Cruiser Prado TX before another black double-cabin pickup joined the pursuit and blocked his path.

The lawyer reportedly lost control of his vehicle and drove into a drainage channel. He then emerged from the car and attempted to escape by running towards a nearby gate.

However, several armed men wearing tactical clothing and balaclavas caught up with him. 

CCTV footage reportedly showed one of the men striking him before others surrounded him, blindfolded him, restrained him and forced him into a waiting black Land Cruiser.

At least eight men were reportedly involved in the operation, with some carrying firearms.

His white Toyota Premio was subsequently recovered abandoned along Muchai Road and taken to Kilimani Police Station.