Lawyer Miguna Miguna has castigated the Law Society of Kenya (LSK) over its decision to sue the Supreme Court of Kenya in defense of Senior Counsel Ahmednasir Abdullahi.
LSK sued the Apex Court following its decision to ban lawyer Abdullahi from appearing or making submissions before the apex Court.
However, Miguna has differed with the Law Society’s decision terming it as move that will turn futile.
In a statement on January 26, 2024, the lawyer questioned if LSK expected Chief Justice Martha Koome to set up a bench of three High Court judges to preside over a unanimous decision already made by the apex court.
“You can’t sue a court for a decision it has made. You certainly can’t sue the Supreme Court in an inferior court. That’s basic common sense,” said the lawyer.
Miguna further termed Ahmednasir’s ban as not an issue for litigation saying that the move by LSK will turn into futility.
Miguna questions petition
“Even if it were to happen and there are appeals to the Supreme Court, will that appeal be heard and determined by the same justices or the LSK will appoint new ones?” he questioned.
Furthermore, the vocal lawyer stated that the decision by the Supreme Court already sealed Senior Counsel’s Abdullahi’s fate strategically ensnaring him.
Also Read: LSK Takes Stance on Ahmednasir Supreme Court Ban
A social media user named Edwin Chepkindet reacted to Miguna’s statement questioning why lawyers differed in decisions.
“I have never understood why lawyers always different interpretations of matters have pertaining to law, yet they all passed Bar exams,” he said.
However, Miguna got back at him highlighting that even people from other professions don’t always agree on their disciplines.
The statement from Miguna came after the Law Society came out to defend Ahmednasir over the Supreme Court ban through a petition.
On his part, former LSK President Nelson Havi asked his successor Eric Theuri to amend the petition.
“President Eric Theuri, this is a serious enterprise in which a false start by LSK will yield a calamitous end.
Amend the Petition to remove the Supreme Court as a respondent. Let the respondents be the 7 Judges and the Registrar of the Court only. Adopt trial by combat to win,” stated Havi.
Ahmednasir ban
On January 25, 2024, LSK through advocate Gitau Singh argued that the decision by the Apex court was unfair and unreasonable.
Gitau said that the court condemned Ahmednasir, his employees or any other person holding brief for him unfairly.
He argued that the court did not consider affording the lawyer and his associates an opportunity to be heard despite the veracity of the decision.
Also Read: Miguna Exposes Ruto’s Agenda Behind Judiciary Attack
Ahmednasir together with his firm’s associates were permanently barred from appearing or making submissions before the court on January 18, 2024.
Through a statement, the apex court noted that the lawyer has “relentlessly scandalized and ridiculed” it.
