LSK condemns Supreme Court ban on Senior Counsel Ahmednasir

LSK condemns Supreme Court ban on Senior Counsel Ahmednasir

LSK President Faith Odhiambo decried the move, terming it a blatant display of judicial overreach.

The Law Society of Kenya (LSK) has strongly criticised the Supreme Court for its decision to bar Senior Counsel Ahmednasir Abdullahi and his law firm from practising in the court.

Speaking during a press conference on Friday morning, LSK President Faith Odhiambo decried the move, terming it a blatant display of judicial overreach.

"The court's failure to utilise existing mechanisms under the Advocates Act to address disciplinary issues reeks of judicial impunity that denies legal representation and access to justice to Kenyans " Odhiambo stated.

As the petitioner in related High Court proceedings that were stayed in exchange for an expedited hearing of Civil Appeal No. E615 of 2024, the society noted its concern that no hearing date has been set to date.

"The delay in resolving this matter undermines public trust in the judiciary and threatens the principles of transparency, accountability, and independence," Odhiambo warned, adding that such delays erode confidence in the equitable administration of justice.

The Supreme Court's orders barring SC Ahmednasir were issued on January 18, 2024, after the full seven-judge bench of the Supreme Court said that it was untenable for the lawyer to seek justice in the very institution and before the very judges whose reputation and integrity he never tires of attacking.

"Much as this decision is bound to affect those who may have instructed you to represent them before this Court. It is untenable that you would seek justice in the very institution and before the very judges whose reputation and integrity you never tire of assaulting," said the Supreme Court judges in a joint statement.

Dangerous precedent

The LSK has however described the orders as a dangerous precedent that risks eroding the judiciary's credibility.

"Judicial power is a public trust and must be exercised with fairness, impartiality, and inclusivity," said Odhiambo.

She further called on the judiciary to embrace constructive criticism, noting that accountability is essential to maintaining public confidence in judicial decisions.

The LSK also emphasized the need for the Supreme Court to urgently reconsider the broader implications of its actions, urging the Judicial Service Commission (JSC) to intervene by initiating disciplinary proceedings against the judges involved, asserting that their actions constitute abuse of office, incompetence, and judicial impunity.

"This situation presents ripe grounds for the removal of a judge, and we will pursue all avenues to safeguard the integrity of the judiciary," declared Odhiambo.

In a bold move, the LSK warned that failure to reverse the orders would leave the society with no choice but to escalate its response.

"If our calls for the reversal of these orders are not heeded, the LSK will be compelled to take further action. Including mobilizing its members to stage peaceful protests and occupy the Supreme Court In protest. Advocates may also be called upon to boycott appearances before the Court as an expression of disapproval," asserted Odhiambo.

Reader Comments

Stay ahead of the news! Click ‘Yes, Thanks’ to receive breaking stories and exclusive updates directly to your device. Be the first to know what’s happening.