Judiciary warns LSK against Supreme Court protests over ongoing cases
The planned occupation stems from the Supreme Court's on January 18, 2024, decision to impose a permanent ban on Senior Counsel Ahmednasir from appearing before the apex court.
The Judiciary has warned against the planned occupation of the Supreme Court by members of the Law Society of Kenya (LSK), citing ongoing court cases related to the matter as sub judice.
Judiciary Spokesperson Paul Ndemo on Monday, urged the LSK to respect the rule of law and pursue peaceful and lawful means to address its concerns.
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"The Judiciary has noted with concern a statement issued by the Law Society of Kenya dated January 23, 2025, urging its membership to occupy the Supreme Court," said Ndemo in a statement.
"This protest is in relation to the Supreme Court's decision to recuse itself from hearing matters involving Ahmednasir Abdullahi, SC, and his law firm or associates. We urge LSK members, as officers of the court, to refrain from proceeding with the threatened action and to allow the ongoing legal processes to take their course."
Ndemo highlighted that multiple cases linked to the recusal decision are still pending in various courts.
These include Law Society of Kenya v Supreme Court of Kenya & another; Abdullahi SC & 19 others (Petition E026 of 2024) and Ahmednasir Abdullahi Advocates LLP & 10 Others v. Lady Justice Martha Karambu Koome & 9 Others (Petition E048 of 2024), both before the Constitutional and Human Rights Division of the High Court.
Additionally, Ahmednasir Maalim Abdullahi v. the Attorney General of Kenya (Reference No. 15 of 2024) is before the East African Court of Justice, while The Supreme Court of Kenya & 9 Others vs. LSK & 12 others (Civil Applic. No. E397 of 2024) is currently before the Court of Appeal.
"These matters remain sub judice and must be allowed to proceed through the proper legal channels," Ndemo stated, adding that any disruption to the court's operations would undermine the rule of law and judicial independence.
Ahmednasir ban
The planned occupation stems from the Supreme Court's on January 18, 2024, decision to impose a permanent ban on Senior Counsel Ahmednasir from appearing before the apex court.
The ruling has sparked outrage among some LSK members, who view it as an infringement on legal practice rights.
Responding to the Judiciary's statement, Ahmednasir dismissed Ndemo's remarks, arguing that the cases filed do not challenge the judges' recusal but rather the restrictions placed on lawyers employed by his firm.
"The sub judice rule does not apply to the physical occupation of buildings like the Supreme Court, as alleged by the Judiciary," Ahmednasir said.
LSK President Faith Odhiambo last Friday announced that the body would mobilise its members for peaceful protests, including occupying the Supreme Court, to challenge the ban.
"The protests will begin this week and aim to address what we see as a violation of our rights as legal practitioners," she stated.
The Judiciary however has maintained that peaceful and lawful methods should be used to address disputes and warned against actions that could interfere with ongoing legal processes.
"We must seek lawful and peaceful means to address the matter at hand," the Judiciary Spokesperson added.
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