Supreme Court Declines to Hear Lawyer From Ahmednasir’s Firm

The Supreme Court of Kenya has declined to proceed with a case in which popular city lawyer Ahmednasir Abdullahi’s firm was representing an appellant.

During a virtual hearing at the Supreme Court on Tuesday, the judges, led by Chief Justice Martha Koome, were compelled to adjourn the session. This followed an earlier decision to bar Ahmednasir and his firm from appearing before the court due to allegations and charges he is facing at the highest judicial level.

Chief Justice Koome, while delivering the directive, stressed that the court would not proceed with the session if any employees or representatives from the lawyer’s firm were present.

“We made a decision last year, in January, where all the judges of this court recused themselves from hearing any matter involving the firm of Ahmednasir, his employees, or any other person holding brief for the firm,” Koome stated on behalf of the other judges.

However, the ruling is likely to spark public debate on whether the judges should have considered the public interest before issuing the directive to adjourn the session.

Ahmednasir, along with former Law Society of Kenya President Nelson Havi, is among a group of lawyers who have openly criticised the current leadership of the Supreme Court over its conduct.

The Supreme Court judges were set to deliver a ruling on an appeal arising from a case initially heard at the Court of Appeal concerning inheritance rights.

In a landmark ruling delivered in November 2023, the Court of Appeal determined that a child has the right to inheritance regardless of whether they were born within or outside wedlock.

The appellate court judges—George Odunga, Pauline Nyamweya, and Gatembu Kairu—had previously ruled that children cannot be denied succession rights. This decision followed a case filed by the family of a prominent Mombasa businessman seeking to disinherit a child from their inheritance share.

Chief Justice Koome has now directed the petitioner to respond to the court within 14 days, clarifying how they wish to proceed with the case involving Ahmednassir’s firm.

“We direct the Registrar to issue a notice to the petitioner to appear within 14 days to indicate how they wish to proceed with the matter. Should they fail to respond, the order of stay previously issued will be vacated automatically,” the ruling stated.