City Affairs

Lawyer Ahmednasir's firm sues Supreme Court judges over ban

Senior Counsel Ahmednasir Abdullahi. (Photo: X/ Standard Digital)

By Bashir Mohammed | Monday, February 5, 2024

Ahmednasir Abdullahi Advocates LLP, along with 11 associates, has individually sued the seven Supreme Court judges, challenging the ban as an administrative move rather than a judicial process.

Senior Counsel Ahmednasir Abdullahi's law firm is challenging orders barring him from making submissions before the Supreme Court.

Last month, Chief Justice Martha Koome issued a decree accusing Ahmednasir of scandalising the court and subsequently barring him from appearing before it.

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In response, Ahmednasir Abdullahi Advocates LLP, along with 11 associates, has individually sued the seven Supreme Court judges, challenging the ban as an administrative move rather than a judicial process.

The associates named in the case are Ali Osman, Peter Muchoki, Irene Jelagat, Cohen Amanya, Khadijah Said, Elizabeth Wangui, Bernard Ongeri, Tony Kiprotich, and Mohammed Billow.

Issa Mansur, the lawyer representing Ahmednasir's firm, argued that the ban lacks legitimacy and is not immune to a challenge in the lower courts. He criticised the judges for denying Ahmednasir and his associates the opportunity to be heard before imposing the ban.

The lawyer further questioned the lack of disclosure regarding the legal basis for the decision, citing violations of the Supreme Court Act, the Fair Administrative Action Act, and the Advocates Act.

"The ban, which is for an unspecified period, is a draconian step against the petitioners and all advocates presently and in the future, working for the first petitioner firm from representing any client at the Supreme Court,” he stated during the court proceedings.

Mansur further contended that any judges who felt aggrieved by Ahmednasir's comments should pursue a separate lawsuit against him. He also criticised the decision for failing to provide remedies for clients who may be affected by the ban.

The lawyer also highlighted a separate case against Ahmednasir by Chief Justice David Maraga, who accused him of issuing false and disparaging remarks about judges, despite previous warnings.

While responding to Maraga's defamation claims, Mansur asserted that Ahmednasir is distinct from his law firm, which has other partners and employees. He argued that associates not involved in the dispute would unfairly suffer consequences without knowing the nature of their alleged sins.

The Supreme Court enforced the ban on Ahmednasir on January 18, 2024, during the hearing of a Sh2 billion land fraud case. Six judges, led by Chief Justice Koome, recused themselves from the case, and the court adjourned.

Via a post on X, the social media platform, Ahmednasir expressed his willingness to make peace with the court but outlined several conditions.

The law firm and its associates are now seeking the High Court's intervention, aiming to establish that Supreme Court judges and the court's registrar, Letizia Muthoni Wachira, are not above the law.

Mansur urged the High Court to recognise the ban as an administrative decision and argued against its use in preventing Ahmednasir's law firm, partners, and associates from appearing before the Supreme Court. The legal team is also seeking orders to quash the ban and recover legal costs.

The Law Society of Kenya (LSK) has filed a similar case, contending that the Supreme Court overstepped its powers by banning advocates. Justice Lawrence Mugambi ordered the parties to serve the court papers and appear before Justice Chacha Mwita on February 7, which is the also when the LSK case will be mentioned.