The Judiciary has issued a statement after the Law Society of Kenya (LSK) threatened to mobilize its members to occupy the Supreme Court to protest the Court’s decision recusing itself from hearing and determining any matter by Senior Counsel Ahmednasir Abdullahi and his law firm or associates.
In a statement on January 27, the Judiciary instructed that the matter is before the courts including the East African Court of Justice, the Court of Appeal, and the High Court.
The Judiciary listed four ongoing cases filed by LSK, Ahmednasir against Chief Justice Martha Koome, Supreme Court and the Attorney General.
It further clarified that these cases challenge a recusal order issued by Supreme Court judges, which bars them from hearing or determining any matter filed by M/S Ahmednasir Abdullahi Advocates LLP or involving Ahmednasir Abdullahi, SC—whether he appears personally or through an employee of his firm.
Judiciary Asks LSK to Follow the Law
The Judiciary explained that the matters all remain undetermined by the named courts and are therefore sub judice.
For this reason, the Judiciary has urged the LSK to abandon its plans to occupy the Supreme Court and instead pursue a lawful resolution to the matter.
“We therefore wish to urge LSK members, as officers of the Court that fully understand the import of the sub judice rule, and the significance of observing the rule of law, to refrain from proceeding with the threatened action. It is imperative that we allow and seek lawful and peaceful means to address the matter at hand,” Judiciary Spokesman Paul Ndemo said.
LSK Threatens to Occupy Supreme Court
LSK President Faith Odhiambo said the conduct of the Supreme Court raises fundamental questions about judicial conduct, fairness, its broader implications for the legal profession and public confidence in the judiciary.
Odhiambo stated that extending the ban to advocates employed by or associated with Ahmednasir’s law firm, as well as their clients, violates the right to earn a living, the independence of the legal profession, and the right to legal representation.
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She argued that the Court unfairly condemned associates without specifying any offence they committed, solely based on their association with the law firm.
Further, Odhiambo said the decision undermines the rule of law and denies clients the freedom to choose legal representation.
“If our calls for the reversal are not headed, the LSK will be compelled to take further action including mobilizing our members to stage a peaceful protest and occupy the supreme court in protest. Advocates may also be called upon to boycott appearance before the court as expression of disapproval,” Odhiambo said.
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JSC Urged to Commence Disciplinary Action
Odhiambo explained that the Supreme Court decision to deny advocates audience boarders on judicial impunity, abuse of office and incompetence.
She said the move presents ripe ground for the removal of a judge and urged the Judicial Service Commission (JSC) to initiate disciplinary proceedings to safeguard the integrity of the judiciary.
“We call on the Supreme Court to carefully reconsider the broader implications of its actions and take immediate steps to restore public confidence,” she said.
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