LSK Announces Nationwide Court Boycott Until Missing Advocate is Produced

The Law Society of Kenya (LSK) has announced a nationwide court boycott, with members of the legal fraternity resolving to down their tools until missing Advocate Abshir Ahmedsadak Abdi is produced before a court of law.

In a statement on Tuesday, November 10, LSK said the decision followed a peaceful march by LSK members from the Milimani Law Courts to Jogoo House, which houses the Office of the Inspector-General of Police, where they demanded answers over the advocate's disappearance.

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Explaining the reasons behind the demonstration, LSK said petitions and previous statements had failed to secure the advocate's return, prompting the legal fraternity to take further action.

"LSK members today held a peaceful march from the Milimani Law Courts to Jogoo House, the Office of the Inspector-General of Police, to demand answers. We went to demand what the Constitution guarantees: an account for a missing Kenyan, and the immediate production of Advocate Abdi, alive and before a court of law," the statement read.

LSK maintained that the disappearance of an advocate while carrying out professional duties was an attack on the entire legal fraternity, their clients and Kenyans seeking justice.

It further explained that the decision to suspend normal court participation was part of a protest against what it described as continued enforced disappearances in the country.

"We marched because petitions alone have not produced him. We marched because statements alone have not produced him. We marched because an advocate taken for doing his work is an attack on every advocate, every client, and every Kenyan who seeks justice," the statement added.

LSK said its members would seek adjournments in courts nationwide until the missing advocate was produced, signalling a major disruption of court proceedings as the legal fraternity pressed authorities to address the matter.

"In protest against the continued enforced disappearances in this country, the legal fraternity has resolved to down tools and seek adjournments in courts across the country, until our abducted colleague is produced," the statement further read.

LSK acknowledged that the decision was not taken lightly but maintained that lawyers could not continue with normal court operations while one of their colleagues remained missing.

It warned that the disappearance of an officer of the court threatened the administration of justice and raised questions about the ability of advocates to carry out their duties without fear.

"This is not a step we take lightly. But we cannot pretend to practise law normally in a country where lawyers can be abducted with impunity. There can be no normal court business when the liberty and life of an officer of the court is in peril," the statement concluded.

This comes days after the High Court in Nairobi ordered the National Intelligence Service (NIS), the Directorate of Criminal Investigations (DCI) and other security agencies to produce the missing lawyer 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.

"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.