BY SAM ALFAN.
Senior Counsel Ahmednasir Abdullahi has threatened to skip the Kenyan courts and move to East African Court of Justice to challenge a decision by the Supreme Court to permanently bar him and his law firm from appearing before it.
The outspoken veteran lawyer said he has instructed his lawyers to file a constitutional petition to challenge the move at the EACJ.
“I have instructed my lawyers to file a petition in the East African Court of Justice at Arusha to seek legal redress against KOOME’s judicial skulduggery and niggling shenanigans. I will not waste time in going to KOOME’s CORRUPT COURT! tweeted Ahmednasir.
The unbowed Ahmednasir likened the ban to a badge of honor for the most corrupt court in Kenya to refuse him and his law firm audience.
The prominent lawyer has consistently condemned corruption in the Judiciary insisting on clean up and getting raid of corrupt judges.
His persistent comments against the Supreme Court and Chief Justice Martha Koome irked the apex court forcing drastic action.
The lawyer, however, has received huge support from his learned colleagues, politicians and Kenyans who condemned the top court’s decision terming it as judicial dictatorship.
Defense Minister Aden Duale said the Constitution under article 33 provides for the freedom of expression, explicitly stating that every person has and shall enjoy the right.
He said Ahmednasir, like any other Kenyan, is entitled to the right and the Judiciary will not gag him this day and age as the country is guided by Constitutionalism and the Rule of Law.
Senior Counsel Paul Muite said Kenyas Apex Court violated Article 47 of the Constitution, Fair Administrative Action & the Statute operationalising it irrespective of what Ahmednasir may or may not have done.
“His Partners & Associates too? Counsel appears in Courts upon admission as of right not at the “pleasure” of any Court.Complaints against them should be lodged with the Disciplinary Tribunal,” he said.
The veteran lawyer said clients too have a constitutional right to representation by counsel of their choice and the Supreme Court must set standards at all times in fidelity to Constitutionalism and the Rule of law.
“Corruption must be addressed as such across the board otherwise it will remain an exercise in futility;Executive,Parliament,Judiciary,Constitutional Commissions Traffic Police etc.Don’t single out Judiciary or lump the non corrupt in generalities,” said the veteran lawyer.
Law Society of Kenya Eric Theuri said the Supreme Court has irredeemably lost it by the move, adding that every person has a constitutional right to counsel of their choice.
The Court cannot violate a consumer’s rights by dictating who should appear before them, he said.
Theuri added that the Court has no legal right to bar an Advocate duly authorized by the Law Society of Kenya to practice law and the decision has no basis in law, is illegal, irregular and paints the Court as a purveyor of injustice.
“At a time when the Judiciary is in cross hairs the decision justifies the attacks on the Judiciary and the Court decision violates the principle of right to be heard. A basic element of any fair decision,” said Theuri.
He added that the decision sets a dangerous precedent where courts can bar anyone they dislike and the Law Society will not allow its statutory mandate to be encroached upon by the Court and will seek an immediate retraction & apology from the Supreme Court.
Siaya Governor James Orengo condemned the apex court’s decision adding that the ban imposed was arbitrary.
“The remedy to be applied to expose falsehoods or lies is more free speech not enforced silence(Brandeis USSC),” said Orengo.
Olego Asonga MP Sam Atandi said the Supreme Court decision is an illegal decision and the Supreme Court is not immune to criticism. It is like people shielding themselves from oversight.
Former LSK boss Nelson Havi said the decision to bar Ahmednasir Abdullahi SC and his firm from appearing before the Supreme Court is unlawful and unconstitutional.
“It will be quashed by the High Court, further embarrass the besieged Chief Justice and dent the reputation of all 7 Judges of that Court,” said Havi.
Lawyer Omwanza Ombati who is vying for Judicial Service Commission (JSC) LSK Male Representative said the “decision by a “full bench” “delivered” today by the Supreme Court of Kenya (SCORKE) is troubling and bizarre in every sense of it”.
He said the questions that linger are as follows did SCORKE accord counsel a right to be heard before the dramatic and draconian communication was made by the Deputy Registrar What constitutional or statutory powers was the court exercising when it “delivered” the “decision”? None has been cited in the letter!
He questioned whether an a Deputy Registrar of the Court communicate a decision of the court through a letter only signed by himself.
“Where is the evidence of the full bench seating to deliberate, with each judge appending his/her signature to the “decision” together with a seal of the court to give it judicial imprimatur?
He said the court the court should always be reminded that it acts in the public interest and exercises power that is donated by the public, which is not an end in itself. The decision is illegal and patently unconstitutional. It creates public opprobrium and great shame.
Prof. Makau Mutua said the decision by Chief Justice Martha Koome and the apex court have ignited a firestorm with their HUGE blunder against Ahmednasirlaw.
“They took the bait because they are drunk with power. It won’t end well for both her and the Court. Arrogance. Overreach. Impunity,” said Prof. Mutua.
