The Law Society of Kenya came out to fight for senior counsel Ahmednasir Abdullahi by seeking to quash the decision of the Supreme Court that banned him and his law firm from appearing before it.
In a petition filed before the Milimani law Courts, LSK through advocate Gitau Singh said the decision by the Apex court was unfair and unreasonable.
He said that the court condemned the senior counsel, his employees or any other person holding brief for him, without affording them an opportunity to be heard despite the ‘serious nature of the allegations and veracity of the decision’.
The Supreme Court communicated its decision to ban the senior counsel last week through a letter signed by Registrar L.M Wachira.
The letter said the counsel and his law firm should not appear before it over what the court termed as years of consistently distasteful remarks made against the institution and its judges on various media platforms.
Through a certificate of urgency, they sought orders to suspend the recent decision made by the Supreme Court.
The decision, conveyed through a letter dated January 18, 2024, had denied senior counsel Ahmednasir Abdullahi and his law firm an audience before the Supreme Court.
Additionally, the court explicitly prohibited any other person from representing or acting on behalf of Ahmednasir Abdullahi.
The lawyers’ body wants the High Court to issue a conservatory order, effectively halting and suspending the decision of the Supreme Court, until their application is heard.
“Pending the hearing and determination of this Application and the Petition, this Honourable Court do issue a conservatory order, staying and suspending the decision by the Supreme Court vide letter dated January 18,2024, denying audience to the 1st Interested Party, either by himself, through an employee of the 2nd Interested Party, or any other person holding brief for the 1st Interested Party, or acting pursuant to the 1st Interested Party’s instructions,” says part of the petition.
The LSK contended that the Supreme Court’s decision was riddled with procedural flaws and lacked fairness.
“It failed to consider other avenues of redress that were available” reads the court papers.
They arguedd that the decision was made and implemented arbitrarily, without adhering to proper procedures in line with legal principles and statutory mandates that underpin the authority of the Supreme Court to make such decisions.
LSK added that the Supreme Court overlooked the potential repercussions on the lawyer, his staff, and clients in its decision.
“A democratic country requires pluralism, tolerance and broadminded which respectfully, the Supreme Court has failed to exercise.”
The society also highlighted Ahmednasir’s past role in exposing corruption and incompetence within the Judiciary in the 1990s and early 2000s, leading to the dismissal of 23 judges.
“The LSK is aware that in the 1990s and early 2000s, at a time when corruption and incompetence was again said to be rife within the Judiciary, it was Ahmedenasir Abdullahi SC who almost singlehandedly took onto the task of naming and shaming the Judges, resulting in the eventual dismissal of no less than 23 Judges.”
They now want the decision made by the judges quashed.
The judges of the Supreme Court have been listed as interested.
By Pinnah Mokeira
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