Supreme Court decision to bar Ahmednasir is illegal - LSK boss Theuri

Bashir Mbuthia
By Bashir Mbuthia January 19, 2024 09:43 (EAT)
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Supreme Court decision to bar Ahmednasir is illegal - LSK boss Theuri

Law Society of Kenya (LSK) President Eric Theuri

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Law Society of Kenya (LSK) President Eric Theuri has criticised the Supreme Court's decision to bar Senior Counsel Ahmednasir Abdullahi from appearing and representing clients before the apex court, labeling the move illegal.

In a statement issued on Friday, Theuri asserted that the Supreme Court lacks the legal authority to prohibit a duly authorised advocate, recognised by the LSK, from practicing law.

"Every person has a constitutional right to counsel of his choice. The Court cannot violate a consumer's rights by dictating who should appear before them. The decision has no basis in law, is illegal,  irregular and paints the Court as a purveyor of injustice," he said.

"The Court decision violates the principle of right to be heard. A basic element of any fair decision. The decision sets a dangerous precedent where courts can bar anyone they dislike."

While noting that LSK will not tolerate any encroachment by the apex court, Theuri emphasised that the body will request the institution to retract Ahmednasir's exile and offer an apology to the advocate.

The statement by the LSK boss comes after the Supreme Court on Thursday prohibited the senior advocate and his legal team from filing cases before it, citing Ahmednasir's history of making disparaging remarks about the institution and its judges.

“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, or acting pursuant to your instructions,” a strongly-worded letter drafted by Supreme Court Registrar L.M Wachira reads in part.

“Much as this decision is bound to affect those who may have instructed you to represent them before the Court, it is untenable that you would seek justice in the very institution and before the very Judges, whose reputation and integrity you never tire in assaulting.”

Following the apex court's decision, Ahmednassir took to X to term the ban against him and his law firm, at large, as “a badge of honour.”

The seemingly unbothered lawyer went ahead to blast the Supreme Court as being “corrupt,” an allegation that largely contributed to his blacklisting.

“Isn't it a badge of honour for the most corrupt court in Kenya to refuse me and my law firm an audience?” he posed.

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