The Supreme Court has on Tuesday enforced the prohibition on Senior Counsel Ahmednasir Abdullahi during a session in which he was representing litigants. This action transpired merely a week after the court had initially imposed a ban, preventing his appearance before them.
The Supreme Court bench opted not to proceed with a case involving the counsel, who had been defending an Eldoret family engaged in a legal dispute over a KES 2 billion land against the family of former President Daniel Moi.
The legal dispute revolves around the ownership disagreement concerning a 54-acre land in Eldoret. In 2019, Judge Anthony Ombwayo of the Environment and Land Court concluded that former President Daniel Arap Moi had unlawfully acquired the land from the Chelugui family in 1983.
Following the acquisition, the land was sold to Rai Plywood. The judge ruled that Rai Plywood must compensate the Chelugui family with KES 1 billion, plus interest, for the improper acquisition of their land through an irregular process. The decision of the Environment and Land Court is currently under review at the Supreme Court.
At the outset of Tuesday’s session, Chief Justice Martha Koome declared that the bench would prioritize issuing orders and reiterated the court’s ban. She warned of her potential recusal if Ahmednasir Abdullahi or any representative from his firm, or anyone acting on his behalf, was present.
“We are recusing ourselves from hearing the matter as long as Ahmednasir Abdullahi Senior Counsel is appearing before the court or anyone is holding his brief. This is under the hand and seal of the court,” stated Koome.
Chief Justice Koome clarified that the order had been endorsed by six Supreme Court judges: herself, Philomena Mwilu, Smokin Wanjala, Mohamed Ibrahim, Njoki Ndung’u, and Isaac Lenaola. Justice William Ouko was absent due to indisposition, and he had conveyed his apologies.
Following the reading of the orders, Chief Justice Koome invited Ahmednasir’s client, David Chelugui, to address the court. Chelugui requested additional time to secure a new lawyer, citing a lack of expertise to represent himself or his hospitalized 94-year-old mother, Susan Chelugui.
Koome adjourned the matter to allow the Cheluguis to engage a new lawyer, emphasizing that it would be granted a priority date for a hearing.
In response to these developments, Ahmednasir expressed his commitment to refrain from appearing before the Supreme Court as long as Chief Justice Koome and Deputy Chief Justice Mwilu remain judges. He extended this commitment to Justices Smokin Wanjala and Njoki Ndung’u, asserting that he would consider returning if Justices Ibrahim, Lenaola, Ouko, and other new members constitute a majority in the Supreme Court.
