A judge has granted permission for a petition filed by the Law Society of Kenya (LSK) challenging a ban imposed on lawyer Ahmednasir Abdullahi and his associates from making submissions before the Supreme Court.
High Court Judge Chacha Mwita declared on Tuesday that his court had jurisdiction to adjudicate the petition, affirming that individuals who believe their constitutional rights and fundamental freedoms have been infringed upon must be given the opportunity to argue their case.
Informed decision
He clarified that a petitioner in such circumstances should have the opportunity to present their case so that the court can make a well-informed decision on the matter. The ruling came after an objection raised by the Supreme Court, represented by Ochieng Oduol and Kamau Karori.
They contended that once the apex court issues a decision and order on a case, it falls outside the jurisdiction of the High Court to intervene.
They further argued that allowing the High Court to hear the case would undermine the Constitution, potentially leading to illogical outcomes and bringing the judiciary into disrepute. The dispute arose after the Supreme Court ruled in January to prohibit Abdullahi and his law firm associates from making submissions before the court.
Caution ignored
In a statement, the court said explained that the lawyer had relentlessly and unabashedly scandalised and ridiculed the court.
The Supreme Court said: “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 court accused Abdullahi of conducting a campaign in the broadcast, print and social media accusing it and its judges of corruption, incompetence and outright bribery.
It cited its ruling in the case of Republic v Ahmad Abdolfadhi Mohammed and Anor, SC Petition No. 39 of 2018, which Abdullahi criticised the court over its verdict.
