Senior counsel Ahmednassir Abdullahi has filed a lawsuit against the Kenyan Supreme Court at the East African Court of Justice for being barred from appearing before the apex court
In his petition, the Senior Counsel wants the East African Court of Justice (EACJ) to order Kenya’s Attorney General, Justin Muturi, to reverse the Supreme Court’s decision barring him from appearing before it.
In January 18, 2024, the Supreme Court issued a letter, drafted by Registrar Letizia Wachira, which banned Ahmednasir and his law firm employees from presenting cases before it, citing persistent criticisms.
“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 Supreme Court letter stated.
Ahmednasir Abdullahi challenges Supreme Court Ban
In court documents Ahmednasir Abdullahi asked that the East African Court of Justice declares the Supreme Court’s decision violated his rights to fair administrative action, access to justice, and a fair trial.
Consequently, the senior counsel is seeking an order from the EACJ to reverse the Supreme Court’s decision to ban him and his law firm employees from seeking an audience before the apex court.
“An order directing the Respondent State to reverse the pronouncement made by its apex court on 18th January 2024 banning the Applicant from seeking audience before the Supreme Court of Kenya including the employees of the Applicant’s law firm, anyone holding brief for the Applicant or any other person acting under his instructions,”
The court document state in part.
Additionally, Abdullahi wants Ksh.200 million compensation in the form of damages. He argues that this amount represents the legal fees he forfeited due to cases he had conducted before the Supreme Court.
“That this Honorable Court be pleased to award damages of Kshs. 200,000,000.00 or other sums to the Applicant being the fees that the Applicant forfeited for cases he had conduct of before the Supreme Court,”
Ahmednasir submitted.
In response to the ban, the Law Society of Kenya (LSK) has also filed a petition against the decision by the Supreme Court judges, terming it unconstitutional.
The dispute has escalated further, with six Supreme Court judges including Chief Justice Martha Koome recusing themselves from a Ksh 2 billion graft case in which Abdullahi was involved.
By Vivian K.