High Court to Rule on November 23 Whether Abshir Abdi Abduction Case Continues

Sign InCourtHigh Court to Rule on November 23 Whether Abshir Abdi Abduction Case ContinuesBy George Ndeto · November 13, 2026 · 2 min readSponsored AdThe High Court in Nairobi will deliver a ruling on Monday, November 23, 2026, on whether it retains jurisdiction to continue hearing the habeas corpus application following the release and court appearance of advocate Abshir Ahmedsadak Abdi.

Justice Alexander Muteti set the ruling date on Friday after Mr Abdi and his colleague, Ayub Mohamud Maalim, physically appeared before the Milimani High Court, a day after they were found alive in Sololo, Marsabit County.

During Friday’s session, Law Society of Kenya President Charles Kanjama and family lead counsel Senior Counsel Eric Theuri strongly opposed terminating the proceedings despite the safe return of the two men.

Mr Kanjama submitted that the court still holds the constitutional mandate to inquire into whether state security respondents acted in good faith or disobeyed court orders while the two men were missing.

“The court is entitled to enquire whether their alleged failure to produce the subjects and to explain their whereabouts was in good faith or contempt of the court while the subjects were in their actual or constructive custody,” Mr Kanjama told the judge.

Mr Theuri echoed the call, warning that closing the habeas corpus file merely because the subjects have been released would embolden perpetrators of unlawful abductions and deny victims accountability.

“If we terminate at this stage without taking this evidence, where then do we call for accountability from the duty bearers upon whom the Constitution has granted power and resources to keep the Kenyan citizen safe?” Mr Theuri posed.

The lawyer urged the court to allow Mr Abdi and Mr Maalim to testify on their ordeal to establish what transpired following their disappearance on November 1 along Muchai Road in Nairobi.

Justice Muteti’s ruling on November 23 will determine whether the High Court converts the habeas corpus proceedings into a substantive inquiry into the circumstances surrounding the disappearance and alleged state responsibility.