January 04, 2023
NAIROBI, KENYA | Renown Kenyan law firm Ahmednasir Abdullahi LLP, owned by Senior Counsel Ahmednasir Abdullahi, is taking the Supreme Court judges to task over a recent ban preventing their appearances before the highest court in the land. The ban, issued last month by Chief Justice Martha Koome, accused Abdullahi of scandalizing the court, prompting an individual legal battle by the law firm and its 11 associates.
The associates, including Ali Osman, Peter Muchoki, Irene Jelagat, and others, have individually filed suits against the seven Supreme Court judges. The heart of the matter lies in the High Court, where Issa Mansur, representing Ahmednasir Abdullahi LLP, argues that the ban lacks legitimacy, as it was an administrative decision made without due process.
Mansur contends that the ban, with an unspecified duration, is a severe and draconian measure. He highlights the absence of an opportunity for the petitioners to be heard before the ban was imposed. The legal representative questions the judges’ failure to specify the legal basis for the ban under relevant acts, claiming an abuse of power.
Mansur suggests that any judge aggrieved by Ahmednasir’s comments should pursue personal legal action, emphasizing that no disciplinary proceedings have been initiated against the senior counsel. He points out the far-reaching consequences of the ban on clients represented by the law firm, calling attention to the lack of remedies offered by the judges.
The law firm and associates are urging the High Court to assert that Supreme Court judges are not above the law. They seek a declaration that the ban, an administrative decision, cannot exile the firm, partners, and associates from appearing before the court. The legal team is seeking orders to quash the ban and cover associated legal costs.
Adding complexity to the legal landscape, the Law Society of Kenya (LSK) has filed a similar case, arguing that the ban infringes upon its powers to deal with and discipline advocates. The unfolding legal saga is set to play out in the High Court, where due legal process will determine the outcome of this unprecedented clash between a law firm and the judiciary.
