Supreme Court under fire for upholding ban on lawyer Ahmednasir's firm
The call follows a ruling on Tuesday in which the Supreme Court upheld the firm’s exclusion, further impacting its clients.
Chief Justice Martha Koome has been urged to reconsider her decision to uphold a ban on Ahmednasir Abdullahi LLP Advocates from representing clients before the Supreme Court.
The call follows a ruling on Tuesday in which the Supreme Court upheld the firm’s exclusion, further impacting its clients.
The apex court rejected a plea from lawyer Asli Osman, who had sought permission for the firm to represent a client in a landmark case concerning inheritance rights for children born out of wedlock in Muslim communities.
The seven-judge bench, led by CJ Koome, unanimously dismissed the request, citing the ongoing ban on Ahmednasir’s firm due to allegations against the senior counsel.
Hanan El-Kathiri, Advocate of the High Court of Kenya, raised concerns in a letter dated January 30, 2025, urging a reconsideration of the decision.
Hanan, termed the ruling as alarming stressing that such a blanket ban undermines the legal system’s principles.
“This decision fundamentally undermines the rule of law, the right to be heard, access to justice, and the principles of natural justice, which form the bedrock of our legal system,” reads the letter.
She argued that barring an entire firm from representing clients due to the alleged conduct of one individual is an overreach that sets a dangerous precedent.
“The outright blanket barring of an entire firm from representing clients before the Supreme Court due to the alleged conduct or utterances of one individual is an excessive overreach that sets a dangerous precedent,” she said.
Hanan stressed that the decision punishes not only Ahmednasir but also his clients and colleagues within the firm, who bear no individual culpability for his alleged actions.
“The decision effectively punishes not only Ahmednasir SC but also his clients and the other advocates within his firm, who bear no individual culpability for his alleged actions,” reads the letter.
Hanan also criticised the decision as a knee-jerk reaction to the challenges facing the judiciary, including corruption.
“This is a knee-jerk reaction to the many challenges facing the judiciary, including runaway corruption,” she added.
“A Supreme Court that shields itself from public scrutiny using the power to punish has a serious problem and obviously suffers a deficit in a number of spheres.”
Hanan warned that the decision could lead to a chilling effect on the independence of advocates, discouraging them from taking on cases of public interest or speaking out on legal and judicial concerns.
“To permit this blanket ban to stand would be to erode the confidence of the legal profession and the public in the Supreme Court’s commitment to impartiality and the administration of justice. This creates an environment of uncertainty and potentially chills the independence of advocates. This runs counter to the principles of an independent bar, which is essential for the administration of justice,” she cautioned.
“Banning lawyers from the Supreme Court will not earn any respect and reverence to the court. Respect and reverence to the courts are earned.”
In her letter, she acknowledged Ahmednasir’s longstanding contributions to the legal field, highlighting his significant role in challenging corruption within the judiciary.
“Ahmednasir SC is an Advocate of the High Court of Kenya and Senior Counsel with over 33 years of experience practising before the High Court of Kenya, the Court of Appeal, and the Supreme Court. Fearless and resolute, he tirelessly and rightly speaks up against corruption in the judiciary, recognizing its corrosive impact on society and the legal framework,” reads the letter.
Staunch defender of freedoms
She further commended Ahmednasir as a staunch defender of freedom of expression, noting his efforts to challenge injustice and promote transparency.
“A staunch defender of the freedom of expression, he uses his voice to challenge injustice, promote transparency, and uphold integrity. His advocacy transcends the courtroom, reaching into the public sphere as he champions accountability and the relentless pursuit of justice,” she said.
While reflecting on her personal history with Ahmednasir, she noted that although he had been her pupil master and she had spent many years in his law firm, her call for reconsideration was motivated by a deep concern for an accountable judiciary.
“Although Ahmednasir, SC was my pupil master and I spent many years in his law firm as an Associate and Partner, this letter is principally motivated by a deep-seated concern for an accountable judiciary that adheres to the law and our constitutional ideals,” Hanan said.
“This letter is not an attempt to undermine the judiciary but it is a bold and unapologetic call for accountability and transparency in the interest of maintaining the public’s trust and confidence in the highest echelons of our judicial system.”
She urged Koome and the Supreme Court to reconsider the decision, stressing that the credibility of the judiciary depends on its adherence to justice, fairness, and the rule of law.
“I therefore respectfully urge the Honourable Chief Justice and the Supreme Court to reconsider their decision and allow the firm of Ahmednasir Abdullahi LLP Advocates to continue representing its clients before the Court. The credibility of our judiciary hinges on its adherence to principles of justice, fairness, and the rule of law. Any grievances against individual advocates should be handled within the established legal framework rather than through an administrative fiat that denies access to justice,” she said.
In its ruling, the court granted Fatuma Abud Faraj, the petitioner, 14 days to either secure new legal representation or present her case independently.
Koome instructed Fatuma to appear before the court’s registrar to clarify how she intends to proceed with the matter.
“If the petitioner fails to appear within the specified timeframe, the orders preventing Rose Faith Mwawasi and Judith Malele Mwawasi from claiming part of the estate left by Mombasa tycoon Salim Juma Hakeem will be revoked,” Koome said.
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