Debt collector Bryan Yongo before Justice Sergon where he lost his bid to block senior counsel Ahmednasir Abdullahi from representing senator Bonny Khalwale in defamation suit against governor Evans Kidero. at Milimani law courts.
BY SAM ALFAN.
Businessman Bryan Yongo has lost bid to block senior counsel Ahmednasir Abdullahi be removed from representing senator Bonny Khalwale in defamation suit against governor Evans Kidero.
Justice Joseph Sergon said that Yongo had not shown the prejudice to be suffered if the senior continued to be lead counsel in the matter.
The judge said that similar application been brought forward before Justice Rose Ougo and the same dismissed.
He said its same application that has been brought this court, seeking same orders to effect Ahmednassir does hold practicing certificate the judge while dismissing the application he ordered Yongo to pay costs to the senior counsel.
Justice Ougo, said in her judgment that the trader lacks capacity to bring suit against the Ahmednasir.
She said the suit seeking to have Ahmednasir struck off from the role of advocate for an allegation that he did not have practicing certificate lacked merit and filed by a person not permitted by law to do so
The judge had said that its the Council for legal education and Law Society of Kenya who permitted by law to file such suit.
She said that such application ought to have been filed within twelve months of the admission to roll of advocate.
” The court held that twenty years now since Ahmednasir was admitted as an advocate of the high court is long period of time to file such application” the judge said.
She described Yongo has a stranger who has no relationship with the lawyer whom he wanted the court to indict.
The court ordered Yongo to pay costs to respondents, Council of legal education, LSK and Ahmednasir.
