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LSK sues Supreme Court over Ahmednasir Abdullahi’s ban

Supreme Court in Nairobi.

By Bashir Mohammed | Thursday, January 25, 2024

The Law Society of Kenya (LSK) has initiated legal action against the Supreme Court, contesting its recent decision to bar Senior Counsel Ahmednasir Abdullahi and employees of his law firm from appearing before the court.

The Law Society of Kenya (LSK) has initiated legal action against the Supreme Court, contesting its recent decision to bar Senior Counsel Ahmednasir Abdullahi and employees of his law firm from appearing before the court. The legal body asserts that the move is not only unconstitutional but also unreasonable.

In a case filed under a certificate of urgency at the High Court, the LSK argues that the individuals involved were deprived of the opportunity to present their side before such a decision was taken. The petition emphasizes that the court overlooked alternative avenues of redress that were available, and, consequently, the process lacked fairness.

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"It failed to consider other avenues of redress that were available," stated the LSK in the filed petition. The lawyers' body further contends that the Supreme Court did not adequately evaluate the potential harm inflicted upon Ahmednasir, his employees, and his clients by imposing such a ban.

"A democratic country requires pluralism, tolerance, and broad-mindedness which, respectfully, the Supreme Court has failed to exercise," reads the court papers, emphasizing the importance of a fair and open judicial process.

The LSK draws attention to Ahmednasir's historical role in the legal community, noting that during the 1990s and early 2000s, a period marked by allegations of corruption and incompetence within the Judiciary, Ahmednasir played a pivotal role in exposing wrongdoing. The filed petition highlights that Ahmednasir was instrumental in naming and shaming judges, leading to the dismissal of 23 judicial officers.

The decision to sue the Supreme Court comes in the wake of the court's refusal to hear Ahmednasir during a recent case involving a Sh2 billion land dispute with the family of the late retired President Daniel Moi. During a virtual hearing, Chief Justice Martha Koome and the other judges expressed their unwillingness to proceed with the matter if Ahmednasir was part of the defense team or if any device belonging to him followed the proceedings.

The LSK is now seeking to have the decision made by the judges quashed, arguing for a fair and impartial legal process that respects the principles of democracy and justice.

The Supreme Court has yet to respond officially to the lawsuit filed by the LSK.