LSK presidential candidates disapprove lawyer Ahmednasir's ban from Supreme Court

Law Society of Kenya (LSK) presidential candidates have voiced their disapproval of the Supreme Court barring Senior Counsel Ahmednasir Abdullahi from appearing before the apex court due to the advocate’s history of making statements against the institution.  

During a debate preceding LSK polls the candidates emphasised that the Supreme Court, an entity tasked with upholding the law, should not violate the very principles it is meant to uphold by prohibiting a senior advocate of the court from presenting cases before it.

“As a public office, the Supreme Court is the highest court of the land; they also have to abide by the rule of law. We cannot expect the same judges who say they uphold the Constitution to violate the same Constitution. They are not above the law,” LSK presidential candidate Faith Odhiambo said on Citizen TV's JKLive Show on Wednesday. 

“The decision of the Supreme Court was an overkill. Judges are servants of the people; judges don’t own those courts. Under no circumstance can a judge bar anyone from accessing the temple of justice,” Peter Wanyama, another candidate added.

While noting that advocates should always maintain the utmost professionalism in their conduct, candidate Caroline Kamende likewise disagreed with the Supreme Court’s ruling, labelling the decision as draconian.

Candidate Harriet Njoki argued that Ahmednasir's removal and prohibition from presenting cases in the Supreme Court occurred without affording him a fair trial within the halls of justice.

Her sentiments were shared by outgoing LSK President Eric Theuri, who emphasized that although the Supreme Court judges might have been irked by Ahmednasir’s remarks, they should have provided the senior counsel with an opportunity to defend himself in court rather than exiling him in the manner they did.

“The complaint that a lot of people have is that the highest court in the land must be seen to act within the law. When they behave in a manner that is vigilante-like then we have reason to be,” he said.

"They may take offence and I can understand why they would offence with some of those comments that were made by SC Ahmed Nassir but before you take action  we say that even the devil must be given due process so give the devil due process.”