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Ahmednasir, Koome row deepens as lawyer vows never to appear before 4 judges

Senior Counsel Ahmednasir Abdullahi. (Photo: File)

By Eunice Omollo | Tuesday, January 23, 2024

The battle between the two is instigated by its decision to permanently bar the lawyer and his associates from making submissions.

Senior Counsel Ahmednasir Abdullahi has vowed never to appear before the Supreme Court as long as Chief Justice Martha Koome and Deputy Chief Justice Philomena Mwilu are judges.

The battle between Ahmednasir and the Supreme Court which continued Monday is instigated by its decision to permanently bar him and his associates from making submissions. This followed his continued attacks on judges and the Judiciary, with the court saying he has "relentlessly and unabashedly... scandalised and ridiculed" it.

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The lawyer wrote a message on X on Monday, giving conditions under which he will take a brief or appear before the Supreme Court and suggesting a change in the constitution of its judges.

Ahmednasir, of Ahmednasir Abdullahi Advocates LLP, wrote, "I will not take a brief or appear before the Supreme Court as long as CJ Koome, DCJ Mwilu, and judges Smokin Wanjala and Njoki [Ndung'u] are judges of the Supreme Court Kenya," wrote Ahmednassir on his X platform."

He added, "I will come back to the Court (InshaAllah) if and when Justices Ibrahim, Lenaola, [William] Ouko and other new members constitute a majority in the Supreme Court."

Now that @CJMarthaKoome today read the order of the Court where 6 judges recused themselves from the case I was to argue and futher baring me from the court as long as they members of the Court...I'm ready to MAKE PEACE with the court as follows:
1. I will not take a brief or…
— Ahmednasir Abdullahi SC (@ahmednasirlaw) January 23, 2024

Ahmednasir's fresh attack on the Chief Justice and other Supreme Court judges came after it declined to hear a case in which he is defending an Eldoret family fighting over a Sh2 billion piece of land with the family of former President Daniel Moi.

Moi’s estate turned to the apex court after they were ordered to pay Sh1 billion in compensation to the family of the late Noah Chelugui for allegedly grabbing their land in Eldoret in 1983. The clients - Chelugui's widow Susan and their son David Kipkemboi Chelugui - are now seeking a change of counsel.

"I joined the Supreme Court proceedings on the 'sidelines' this morning. I'm glad that the Chief Justice first gave my clients time to engage another lawyer and second to prioritise the hearing of the consolidated appeal due to the illness of Mama Cherubet Chelugui," Ahmednasir said.

The lawyer had threatened to file a petition at the East African Court of Justice after he was barred by the top court. He launched a scathing attack on Koome last week, saying he had instructed his lawyers to file a petition at the court in Arusha, Tanzania, to seek legal redress. He alleged corruption at the Supreme Court but Koome has denied these claims in the past.

In response to the Supreme Court's action, the Law Society of Kenya (LSK) and other parties in the legal fraternity weighed in on the matter, presenting arguments such as the denial of a fair hearing for Ahmednasir.

LSK President Erick Theuri termed the Supreme Court's move "illegal and a landmark example of abuse of power". He argued that the court should have filed a case before the court, granting Ahmednasir the right to respond. Theuri said a hearing would follow and an appropriate ruling made.