- The apex decision has been criticised by lawyers as well as politicians.
- Ahmednasir has rubbished the ban.
Image: FILE
The shock decision to bar city lawyer Ahmednasir Abdullahi from conducting business at the Supreme Court has sparked criticism with lawyers’ bodies questioning the logic.
The apex court decision has also been criticized by individual lawyers, professionals as well as politicians.
Law Society of Kenya (LSK) on Friday condemned the decision to lock out the senior counsel and his law firm from filing cases at the highest court in the land.
The Society’s President Eric Theuri said the decision was farfetched questioning the authority of the court to make such a directive.
"Every person has a constitutional right to counsel of his choice, therefore they cannot violate a consumer's rights by dictating who should appear before them," Theuri said.
Theuri added that the Court has no legal right to bar an Advocate duly authorized by the Law Society to practice law.
"The decision has no basis in law, is illegal and irregular," he said.
"LSK will not allow its statutory mandate to be encroached upon by the Court and will seek an immediate retraction and apology from the Supreme Court."
The apex court on Thursday in a landmark decision signed by Registrar L.M Wachira barred Ahmednasir and employees of his law firm from filing cases before it over what it termed as incessant and unsubstantiated attacks.
The court argued that Ahmednasir could not continue appearing before them in the face of incessant attacks from the lawyer on his media engagements.
"In view of the foregoing, it is the decision of this Court, that henceforth and from the date of this communication, you shall have no audience before the Court, either by yourself, through an employee of your law firm, or any other person holding brief for you," the statement read in part.
“Much as this decision is bound to affect those who may have instructed you to represent them before the Court. It is untenable that you would seek justice in the very institution and before the very Judges, whose reputation and integrity you never tire of assaulting.”
The lawyer immediately rebuffed the statement signed by Registrar of Supreme Court Letizia Wachira terming the ban "a badge of honour".
Siaya Governor James Orengo voiced his disappointment with the decision saying it is arbitrary.
“The remedy to be applied to expose falsehoods or lies is more speech not enforced silence,” he said.
LSK Vice President Faith Adhiambo faulted the decision terming it an abuse of the discretionary powers granted to the court to invoke disciplinary sanctions against persons found to be in contempt.
Discretionary powers in legal parlance are the powers to exercise discretion over which the court cannot intervene.
"Having and expressing opinions is a human right enshrined under Article 33 of our Constitution which advocates, including Grand Mullah, and like all other Kenyans, are entitled to exercise," she said.
While condemning the ban, lawyer Miguna Miguna also urged Ahmednasir to present his evidence against the judges to an appropriate body.
“As an officer of the court presided over by Martha Koome as CJ, President of the Supreme Court and Head of the Judiciary, Ahmednasir must exercise complete restraint, show respect to Koome and other judges and refrain from besmirching their reputations on X and in the media,” Miguna posted.
“If he has credible evidence against any member of the judiciary as he claims he does, let him follow the due process of law and have it determined on its merits.”
Defence Cabinet Secretary Aden Duale on his part said the ban flies on the face of Article 33 of the Constitution that provides for freedom of expression.
“Ahmednasir like any other Kenyan is entitled to this and the Judiciary will not gag him in this day and age of our country, guided by constitutionalism and the rule of law,” the CS posted on his X account.
Saboti MP Caleb Amisi also weighed on the matter describing the ban as a confirmation of a deep-rooted grudge.
“I don't like Ahemednassir either, but the law must protect all Kenyans regardless. You are forcing me to believe what Ruto is saying is true, and I don't like it,” Amisi stated.
President William Ruto has been in recent days sustained attacks on the judiciary claiming without giving evidence that some judges are bribed to frustrate implementation of government projects.