Nine days after lawyer Abshir Ahmedsadak Abdi went missing, the High Court has ruled that security agencies have questions to answer over his whereabouts, ordering a full hearing of an application seeking to establish the circumstances surrounding his disappearance.
Justice Alexander Muteti directed that the habeas corpus application filed by Abdi's brother, Zachary Abshir, proceeds to a substantive hearing after State agencies denied holding the advocate in custody.
The judge said the disappearance of a Kenyan citizen cannot be left unresolved merely because security agencies deny having the person in their custody.
"The institutions that are charged with the responsibility of securing Kenyans and their property cannot escape responsibility whenever a person is missing, and they return to say we do not have him in our custody," Justice Muteti ruled.
The court directed that the applicant be allowed to take the witness stand and present evidence against the respondents, who will then have an opportunity to respond to the allegations.
"The matter cannot therefore be put to a hold simply because the subject has not been produced. It is only fair that the applicant be heard on his application without any further delay and the respondents be called to answer," the judge said.
The ruling followed an earlier appearance by State representatives, who presented four witnesses to explain why they…
