Lawyers file petition to remove Ahmednasir from Senior Counsel Roll

The petition, filed by lawyers Paul Kiragu Wathuta and John Murimi Njomo invokes Rule 4(c) and Rule 15 of the Advocates (Senior Counsel Conferment and Privileges) Rules, 2011, arguing that Ahmednasir has repeatedly engaged in conduct unbecoming of a Senior Counsel.

The petition filed before the Committee on Senior Counsel accuses Ahmednasir of using social media, particularly X (formerly Twitter), to malign and discredit members of the judiciary.

It cites multiple instances where he allegedly made “unsubstantiated allegations against judges” and accused the courts of tribal bias and corruption without providing formal evidence.

“Ahmednasir has become a master of fickle attacks on the judiciary without providing evidence of any misdoings by the judiciary and its officers…,” the petition states.

It further reads, “Second, weaponising X (formerly Twitter) as a tool for maligning judges, Ahmednasir has become a master of reckless claims that undermine the standing of the legal profession. The inappropriate use of social media to undermine the standing and dignity of the legal profession, however, is an affront to administration of justice.”

Despite repeated warnings, the petitioners argue that Ahmednasir “has become more emboldened and doubled down on his arbitrary attacks.”

“Clearly, the Senior Counsel attacks are willful, sustained and designed to undermine the courts’ dignity and public confidence in the administration of justice. This is a case of a repeat temeritous offender displaying a pattern of disdain or contempt towards the judiciary,” adds the petition.

In their petition against Ahmednasir, the two lawyers argue that the prestigious title of Senior Counsel, which Ahmednasir was conferred in December 2012, is reserved for lawyers who demonstrate exemplary professionalism and integrity.

Consequently, they are urging the Committee on Senior Counsel to delist Ahmednasir to uphold the dignity of the profession.

“This decision is necessary to restore public confidence in the rank and dignity of Senior Counsel. The rank would lose meaning if Ahmednasir could remain a Senior Counsel despite his distinct lack of manners,” the petition concludes.

The title senior counsel, in Kenya, is bestowed on an advocate by the Head of State after being vetted by members of the Committee on Senior Counsel.

 The privileges that come with the Senior Counsel title include wearing special robes similar to the robes of the Court of Appeal judges, sitting in front seats, their cases are also given priority in court.

In January last year, Ahmednasir was banned from appearing before the Supreme Court over what the court termed as years of consistently distasteful remarks made against the institution and its judges on various media platforms.

The Supreme Court, in a strongly-worded letter drafted by Registrar L.M Wachira, also barred employees of Ahmednasir’s law firm from filing cases before it, while acknowledging that the decision will also affect the vocal advocate’s client list and their respective cases.

The Registrar noted that it defeats purpose for Grand Mullah, as Ahmednasir is popularly known, to appear before the very institution and individuals that he constantly berates in his media engagements.

The Supreme Court, last week, declined to hear a lawyer from Ahmednasir Abdullahi Advocates LLP, a firm owned by lawyer Ahmednasir Abdullahi, with the court asserting that the ban against Senior Counsel Ahmednasir and his legal team from appearing before it is still effective.

"We made a decision last year, January, where all the judges of this court recused themselves from hearing any matter from the firm of Ahmednasir or his employees or any other person holding brief for the firm. The reasons for recusal were cited in that matter. So when the matter was called out this morning, we noted that the firm of Ahmednasir is still on record,"noted Chief justice Martha Koome.