The Law Society of Kenya (LSK) has firmly opposed the recent decision by the Supreme Court to prohibit Senior Counsel Ahmednasir Abdullahi and members of his law firm from filing cases before the court.
LSK President Eric Theuri declared the move as illegitimate, emphasizing that the Supreme Court lacks the legal authority to bar a duly authorized advocate from practicing law.
“Every individual possesses a constitutional right to choose their counsel. The Court oversteps by infringing on a consumer’s rights and dictating legal representation. The decision is devoid of legal foundation, deemed illegal, irregular, and casts the Court in the role of dispensing injustice,”Theuri asserted.
He further pointed out that the Court’s decision infringes upon the principle of the right to be heard, a fundamental aspect of any fair judgment. The President cautioned that the ruling establishes a perilous precedent, empowering courts to restrict individuals based on personal preferences.
In a letter authored by Registrar L.M Wachira on Thursday, the Supreme Court justified the ban on Ahmednasir and his law firm employees, citing ongoing criticisms. The Registrar expressed concern that this practice undermines the objective of Senior Counsel presenting cases before the very institution and individuals he consistently criticizes publicly.
LSK Vice President Faith Odhiambo condemned the decision, characterizing it on her X account as an abuse of the court’s discretionary powers to impose disciplinary sanctions for contempt. She stressed that expressing opinions, as protected under Article 33 of the Constitution, is a human right, and advocates, including Ahmednasir, are entitled to exercise this right.
Odhiambo argued that opinions shared on social media and other platforms do not automatically fall within the definition of contempt of court as outlined in section 28 of the Supreme Court Act. She reassured that the LSK will uphold high professional and ethical standards among its members, adhering to fair, objective, and legally sound processes.
In response to the ban, Ahmednasir regarded it as ‘a badge of honour’ on X, stating, “Isn’t it a badge of honour for the most corrupt court in Kenya to refuse me and my law firm an audience?”
Theuri emphasized that the LSK would formally request the institution to retract Ahmednasir’s ban and issue an apology to the esteemed advocate.
