The country may be staring at a legal crisis as the Law Society of Kenya (LSK) declared plans to boycott the courts in protest of a ban imposed on the vocal city lawyer Ahmednasir Abdullahi and his associates.
While speaking at a press conference on Friday, January 24, LSK President Faith Odhiambo announced that the body that represents the interests of legal practitioners will stage protests at the Supreme Court over the controversial ban.
“If our calls for the reversal of these orders are not heeded, the law society will be compelled to take further action, including mobilising our members to stage peaceful protests and occupy the Supreme Court in protest,” declared Odhiambo.
Warning: “Advocates may also be called upon to boycott appearances before the court as the expression of disapproval.”
Magistrates pose in front of the Supreme court Judges on December 7, 2022.
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Judicial Service Commission
The ban originates from a January 2024 ruling in which all Supreme Court judges recused themselves from hearing any cases involving Ahmednasir’s firm or its representatives.
The push and pull between Ahmednasir and Chief Justice Martha Koome continued through last year, with Ahmednasir joining rising voices against the Judiciary.
However, this week, the Supreme Court upheld its ban on the Senior Counsel and his firm, Ahmednasir Abdullahi Advocates, refusing to hear a lawyer from his firm, stating that the ban remains effective.
Chief Justice Martha Koome, while addressing the plea by a lawyer from Ahmednasir’s firm to represent the client on Tuesday, January 21, stated, “We made a decision last year, January, where all the judges of this court recused themselves from hearing any matter from the firm of Ahmednasir or his employees or any other person holding brief for the firm. The reasons for recusal were cited in that matter.’
This has not sat well with the LSK, who now claim the decision is ripe to institute the removal of the judges. “The Supreme Court’s decision to deny advocates’ audience borders on judicial impunity, abuse of office, and incompetence,” stated Odhiambo.
Adding, “This presents ripe grounds for removal of a judge, and we also add the Judicial Service Commission to initiate disciplinary proceedings to safeguard the integrity of the judiciary.”
According to LSK, the decision to ban advocates employed in or associated with the Senior Counsel, along with their clients, “infringes on the right to honour the living, the dependence of the legal profession, and the right to legal representation.”
The LSK has not issued a timeline for their threats; however, they insist the Judiciary which has been facing mounting criticism must shape up.
Law Society of Kenya (LSK) President Faith Odhiambo addressing the press.
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Faith Odhiambo