Nairobi — Six judges of the Supreme Court on Tuesday moved to enforce a permanent ban on Ahmednasir Abdullahi after recusing themselves from hearing a matter where the outspoken city lawyer was appearing.
In an order read out by Chief Justice Martha Koome, the court said Abdullahi's appearance was "untenable".
"The six (6) Justices of this Court now present to hear this matter, [William] Ouko, SCJ being indisposed, suo motu make this formal Order recusing themselves from hearing this matter as long as Ahmednasir Abdullahi, SC is appearing either by himself, through an employee of his law firm, or any other person holding his brief, or acting pursuant to his instructions in this consolidated appeal," the court declared.
The judges singled out his public utterances aimed at "scandalizing, ridiculing and out-rightly denigrating [this] court".
CJ Koome, Deputy Chief Justice Philomena Mwilu, Justice Mohamed Ibrahim, Justice Smokin Wanjala, Justice Njoki Ndung'u and Justice Issac Lenaola reiterated that communication issued by Supreme Court Registrar on January 18 will remain in force.
Recuse yourself
The judges noted that the communication availed Abdullahi sufficient time to recuse himself from the matter ahead of Tuesday's pre-conference on the constitution of a bench to hear the consolidated appeal in his client's case.
The court accused Abdullahi of persisting in his "unsubstantiated and
virulent attacks against the leadership and membership of the Court", sustaining a campaign to disparage the court.
Sign up for free AllAfrica Newsletters
Get the latest in African news delivered straight to your inbox
In the appeal, former President Daniel arap Moi's estate moved to challenge an award to Cherubet Chelugui, an Eldoret woman who accused Moi of grabbing her parcel of land in the 1980s.
Supreme Court Registrar Muthoni Wachira relayed the decision to ban Abdullahi in a letter on Thursday citing instructions by the seven justices of the court.
"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, or acting pursuant to your instructions," the Registrar stated.
"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," Wachira stated.
