Supreme Court upholds ban on Ahmednasir, declines to allow lawyer’s firm to represent client

Supreme Court upholds ban on Ahmednasir, declines to allow lawyer’s firm to represent client

The court instead gave Fatuma Abud Faraj, the petitioner who sought to be represented by Ahmednasir's firm, 14 days to either find another lawyer or argue the case herself.

The Supreme Court has upheld its ban on lawyer Ahmednasir Abdullahi and his firm from appearing before it, dealing another blow to his clients.

On Tuesday, the apex court rejected a plea by lawyer Asli Osman, who had asked the court to allow the firm to represent a client in a landmark case involving inheritance rights for children born out of wedlock in Muslim communities.

The seven-judge bench, led by Chief Justice Martha Koome, unanimously dismissed the request, citing the ongoing ban against Ahmednasir's firm due to allegations he faces.

The court instead gave Fatuma Abud Faraj, the petitioner, 14 days to either find another lawyer or argue the case herself.

Justice Koome directed that Fatuma appear before the court's registrar to explain how she wishes to proceed with the case.

"If the petitioner fails to appear within the time limit, the orders issued stopping Rose Faith Mwawasi and Judith Malele Mwawasi from demanding part of the wealth left by Mombasa tycoon Salim Juma Hakeem will lapse," she stated.

This ruling comes after a decision by the Court of Appeal in November 2023, which affirmed that children, regardless of their birth status, have the right to inherit from their fathers.

The appeal, concerning a dispute over inheritance involving a prominent Mombasa family, is now under review by the Supreme Court.

The dispute involves the late Salim Juma Hakeem's estate, with his family seeking to exclude one child from the inheritance.

The Court of Appeal ruled that children born out of wedlock should not be denied their inheritance rights.

Ahmednasir, along with other prominent figures like former Law Society of Kenya President Nelson Havi, has been critical of the current Supreme Court leadership, raising questions about its conduct in recent months.

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