The Law Society of Kenya (LSK) on Friday, January 23, criticized the Supreme Court of Kenya’s decision to uphold the ban imposed on Senior Counsel Ahmednasir Abdullahi, his law firm, and advocates associated with his firm, barring them from appearing before the Court.
In a statement, LSK President Faith Odhiambo stated that extending the ban to advocates employed by or associated with Ahmednasir’s law firm, along with their clients, infringes on their right to earn a living and other constitutional rights.
“Extending the ban to advocates employed by or associated with Mr. Ahmednasir’s law firm, along with their clients, infringes on the right to earn a living, the independence of the legal profession, and the right to legal representation,” the statement read.
“Disturbingly, the Court has condemned associates without disclosing any offense they have committed against it, merely by virtue of their association.”
LSK condemns Supreme Court decision on lawyer Ahmednasir
Odhiambo further noted that this action not only undermines the rule of law but also denies clients the freedom to choose legal representation, a fundamental tenet of access to justice guaranteed under the Constitution.
Additionally, the LSK president argued that the Court’s failure to utilize the existing mechanisms for disciplining advocates, as established under the Advocates Act, further worsens the situation.
“For the Supreme Court to bar advocates from accessing a constitutional organ without following proper dispute settlement processes reeks of judicial impunity, which the LSK condemns in the strongest terms,” Odhaimbo argued.
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At the same time LSK confirmed that it has already filed a petition regarding Supreme Court’s decision to ban lawyer Ahmednasir to appear before it.
“In line with its mandate under Section 4 of the Law Society of Kenya Act, which includes protecting and assisting the public in all matters touching on law and justice, the LSK filed Constitutional Petition No. E026 of 2024 before the High Court. This petition challenges the Supreme Court’s decision of 18th January 2024, as well as any resulting actions or orders,” the LSK President stated.
Further Odhiambo called on the judiciary to expedite the resolution of this matter.
“Given the far-reaching implications of the continued existence of these orders, we urge the judiciary to expedite the resolution of this matter,” Odhiambo stated.
The LSK warned the Supreme Court that decisions of this nature risk eroding public trust in the judiciary and setting a dangerous precedent that undermines the equitable administration of justice.
Moreover, Odhiambo urged the judiciary to embrace constructive criticism and accountability while exercising its independence.
Lawyers threaten to Occupy Supreme Court
Additionally, Odhiambo stated that if the LSK’s calls for the reversal of these orders are not heeded to, they will be compelled to take further action, including mobilizing its members to stage peaceful protests and occupy the Supreme Court in demonstration.
Advocates may also be called upon to boycott appearances before the Court as an expression of disapproval.
Lawyer Ahmednasir Abdullahi was banned from appearing before the Supreme Court of Kenya on January 18, 2024.
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The decision was made due to what the Supreme Court described as his consistent and distasteful remarks against the institution and its judges on various media platforms.
The ban was also extended to employees of his law firm, preventing them from filing cases before the Supreme Court.
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