CHIEF Justice Willy Mutunga is considering whether the Judicial Service Commission should discuss whether its member Ahmednasir Abdullahi was qualified a lawyer. In a letter to lawyer Nelson Havi on July 23, Mutunga asked Havi to advise under which law he could order Chief Registrar Gladys Shollei to release copies of Ahmednasir Abdullahi's petition for admission and copies of practicing certificates for his pupil master Simani Peter Ldhituachi.
"I will place the matter before the Judicial Service Commission for deliberations. Let me know under what law do I have the power to give directions you demand of me?" wrote Mutunga. On July 12 Havi had written to him asking for Ahmednasir's records in the roll of advocates.
Ahmednasir has dismissed claims that he was not qualified to practice as a lawyer. On June 15 he wrote to Law Society of Kenya chairman Eric Mutua responding to the allegation by Nairobi debt collector Bryan Yongo that he had forged the signature of his master Peter Simani on his pupillage certificate. "I have carefully gone through the affidavit of Mr. Yongo. I will not dignify one sentence of the same with a response. I dismiss all the allegations contained therein with utmost contempt," stated Ahmednasir.
Initially, Havi had written to the LSK asking if Simani had a practicing certificate in 1992 and 1993 when he supervised Ahmednasir. LSK CEO Apollo Mboya responded that Simani, who is chairman of the Political Parties Tribunal, did not have a practicing certificate in 1992 but acquired one in 1993. "We advise that you obtain confirmation of this information from the Chief Registrar of the Judiciary who issues practicing certificates," stated Mboya.
Yesterday, Havi asked Mutunga to exercise his powers under the constitution to have the records released. "The information which was sought from and has not been given by the Chief Registrar of the Judiciary concerns Ahmednasir Abdullahi, a member of the Judicial Service Commission and his claimed Pupil Master, Simani Peter Ldhituachi, the Chairman of the Political Parties Tribunal. The two are state officers as defined by Article 260 of the Constitution," states Havi. "You therefore, have power as the Head of the Judiciary, to direct the Chief Registrar of the Judiciary to perform her duty of availing the information required from her. The drafters of the Constitution could not have intended that you be powerless over officers of an arm of Government of which you are the Head," stated Havi.
Nairobi debt collector Brian Yongo is now insisting that he did not withdraw his allegations against Ahmednasir as claimed. Yongo complained to the LSK in May after he fell out with Ahmednasir over a land deal in Karen. In a letter dated July 3 to LSK, Yongo claims that he withdrew the complaint after Ahmednasir apologised and paid his outstanding invoices. Yongo said that in June Ahmednasir paid the Sh31 million that he was demanding through invoices 0077 and 0080. He claimed that Ahmednasir also transferred to Yongo 10% of the shareholding of Fazaa Marina, the company involved in the contentious Karen land deal.
In June, the LSK resolved to charge Yongo with perjury after he withdrew the complaint. Yongo claims that it would be wrong to charge him with perjury when he can prove that Ahmednasir paid him. "The said Ahmednasir did send Roger Sagana to negotiate with me on diverse dates between 18th, 19th and 20th May and he did visit my residence in Kitusuru where he profusely pleaded with me to pardon him and withdraw my complaint on condition that he would settle my claims and the same was not withdrawn for reasons that the matters raised therein were false, spurious, malicious and contemptuous," stated Yongo.