The Law Society of Kenya has come out to fight for senior counsel Ahmednasir Abdullahi by seeking to quash the decision of the Supreme Court that banned him and his law firm from appearing before it.
In a petition lodged before the Milimani law Courts, LSK through advocate Gitau Singh says the decision by the Apex court was unfair and unreasonable.
He says that the court condemned the senior counsel, his employees or any other person holding brief for him, without affording them an opportunity to be heard despite the ‘serious nature of the allegations and veracity of the decision’.
The Supreme Court communicated its decision to ban the senior counsel last week through a letter signed by Registrar L.M Wachira.
The letter said the counsel and his law firm should not appear before it over what the court termed as years of consistently distasteful remarks made against the institution and its judges on various media platforms.
"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," the statement read 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 of assaulting.”
LSK in its court papers accuses the Supreme Court of relaying the information without substantiating how the decision was reached and the judges who concurred with the decision or dissented.
It has termed the decision as unfair saying the apex court did not disclose the manner in which it reached its decision.
"The Supreme Court has not shown that it has carried out any independent investigations to discredit the allegations contained in the purported counsel's publications."
It goes on to state that the decision discriminates not just his clients but those currently working under the senior counsel law firm and in the future.
LSK in its papers has listed the Supreme Court and registrar of the Supreme Court as respondents in the matter.
The judges of the Supreme Court have been listed as interested