Supreme Court Judges will be opposing a case filed by the Law Society of Kenya (LSK) challenging a ban they imposed on Senior Counsel Ahmednasir Abdullahi.
Advocates Ocieng Oduol and Kamau Karori on Monday requested Justice Chacha Mwita for time to allow them to file a preliminary objection (P. O) to the case citing issues of jurisdiction.
The court also mentioned a similar matter filed by Dr Felix Odhiambo which is raising similar issues.
Judge Mwita in allowing the advocate's request directed that both cases be mentioned on February 26 to see whether the PO will have been filed.
The LSK lodged its petition at the Milimani law Courts two weeks ago, saying the decision by the Apex court was unfair and unreasonable.
Through advocate, Gitau Singh, LSK says that the court condemned the senior counsel, his employees or any other person holding brief for him, without affording them an opportunity to be heard despite the ‘serious nature of the allegations and veracity of the decision’
The Supreme Court communicated its decision to ban the senior counsel through a letter signed by Registrar L.M Wachira some two weeks ago.
The letter said the counsel and his law firm should not appear before it over what the court termed as years of consistently distasteful remarks made against the institution and its judges on various media platforms.
"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.
The law firm of Ahmednasir and eleven of his employees have also filed their petition over the ban.
They have sued the Supreme Court judges, the Supreme Court and the Attorney General.
In their application, the firm through Advocate Issa Mansur says the decision taken by the seven judges is not an outcome of a judicial process but rather an administrative decision.
He argues that if the complained statements made by the counsel are defamatory, the Apex court was at liberty to institute legal proceedings against him.
