Lawyer
Ahmednasir Abdullahi has noted his duty to comment on Supreme Court orders as he is a citizen, much like everybody else.
Abdullahi said this via Twitter on Saturday after Chief Justice David Maraga
told him
off
following his comments on social media.
Their altercation occurred at the Supreme Court on Friday, during the hearing of an application by the DPP, for stay orders by the appellate court on freeing two Iranians serving a 15-year jail term for terrorism.
WHY SOCIAL MEDIA?
Maraga said they were worried that the lawyer commented on court issues on social media.
"This is a court which you appear to have no regard for yet you are coming before it...," he told Abdullahi who wanted to make his submissions on the case.
But Abdullahi
told the judges that some of their landmark decisions to stay Appeal Court verdicts were against the law because of lack of jurisdiction.
Maraga then said: “Do you want to litigate before this court or do you want to litigate elsewhere? You are arguing your case out there. And we were wondering whether you wanted to argue it here.
The lawyer interrupted saying he had not litigated the matter elsewhere.
"My Lord, I wish you would hear me out. With due respect, the comment I made is very valid - that this Supreme Court has no jurisdiction to detain people. It is a matter the President of this court should be more concerned about than anything else.”
But Maraga referred back to concerns about the forum in which the lawyer raised the issue.
“I know [all that] very well, Mr Ahmednasir. We are wondering about the forum ... the forum where you you were making those comments.”
A defiant
Abdullahi noted no gag order prevented him from commenting on anything said in court.
"Is there a gag order for me not to comment about anything that happens in this court, My Lord? I
don't think there is a gag order. This court has to be careful about these things."
But he added: "Okay, my Lord. I am sorry. I apologise. I am sorry about that."
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ABDULLAHI A TRUANT?
While defending himself today, the lawyer wrote on Twitter:
"It isn't just a right...I have a duty like anyone else to highlight what is happening in our courts ... and the CJ wasn't stopping me from that.
"But the CJ was right in his contention that I shouldn't have commented on the very case I was doing before that court ... "
Abdullahi has also criticised the Embu High for nullifying the re-election of Governor Martin Wambora.
"Whether a party wins or not, the Kenyan justice system is too compromised and is not fit for purpose.
[President Uhuru Kenyatta's] tag of referring to judges as WAKORA (crooks) should form the foundation of a national debate on our judiciary. Wambora was dethroned by the court," he said.
Kenyans on Twitter applauded the CJ for his stance.
One Sibaamo said:
"The Maraga-Ahmednasir heated exchange is just a simple way of telling my brother that [former CJ Willy] Mutunga [is long gone]."
Blogger Robert Alai said said the CJ
should contain the lawyer "whose main expertise is intimidating, blackmailing and arm-twisting lawyers and judges".
"He can choose to
either
be an attorney of law or a thug. [He] can't be both."
Lawyer Nelson Havi said: "I believe Maraga will now find it prudent and apt to constitute the Committee of Three, under Section 19 of The Advocates Act, to hear and determine the many outstanding disciplinary complaints against the truant Ahmednasir Abdullahi."
Joan Mata said she liked the way the Supreme Court President "slammed" Abdullahi as the law must be respected to anarchy is not the case.
Nurr Osman wrote: "Probably the first time Ahmednasir apologised. I am with Maraga."
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