- The apex court on Thursday last week barred Ahmednasir and employees of his law firm from filing cases before it.
Image: JUDICIARY
The ban against Senior Counsel Ahmednassir Abdullahi took effect on Tuesday.
It was a moment of truth at the Supreme Court when it sat to hear a case where Senior Counsel Ahmednasir Abdullahi was representing some of the litigants.
This is barely a week after the court banned him from appearing before it.
This is after the Supreme Court bench declined to hear a case in which the counsel has been defending an Eldoret family fighting over a Sh2 billion land with the family of former President Daniel Moi.
Shortly after the session began on Tuesday, Chief Justice Martha Koome announced that the bench had orders to give first.
She then proceeded to remind the court of the ban and threatened recusal if the lawyer, anyone from his firm or anyone holding his brief was present.
"We are recusing ourselves from hearing the matter as long as Ahmednasir Abdullahi Senior Counsel is appearing before the court or anyone is holding his brief. This is under the hand and seal of the court," Koome said.
The Chief Justice noted that the order had been signed by six of the Supreme Court judges.
They included herself, her deputy Philomena Mwilu, and judges Smokin Wanjala, Mohamed Ibrahim, Njoki Ndung'u and Isaac Lenaola.
Justice William Ouko was not in court as he was indisposed. He had given his apologies.
Koome, after reading the orders, invited Ahmednasir's client David Chelugui to address the court on the same.
Chelugui asked for more time to acquire a new lawyer, noting that he was a layman and could not present himself or his mother.
He told the court that his mother, 94-year-old Susan Chelugui, is currently admitted to the hospital.
He said she was shocked following the January 18 directives against Ahmednasir.
Counsels of other litigants contended with the prayer for more time.
Koome adjourned the matter so the Cheluguis could get a new lawyer, adding that it would be given a priority date for a hearing.
The case stems from a dispute over the ownership of a 54-acre land in Eldoret.
In 2019, Environment and Land Court Judge Anthony Ombwayo ruled that former President Daniel Arap Moi irregularly took over the land belonging to Chelugui in 1983.
The land was later sold to Rai Plywood.
The judge subsequently ordered them to pay the family Sh1 billion plus interest as compensation to the family for the loss of their land through an unprocedural scheme.
At the Apex Court, the ELC verdict is being challenged.
Ahmednasir's response on Tuesday's order
Ahmednasir has vowed to never appear before the Supreme Court as long as Koome and Mwilu remain its judges.
He said this also applies if Justices Smokin Wanjala and Njoki Ndung'u remain at the Court.
The lawyer insisted that this is his way of making peace with the country's top court's decision to bar him and his associates from appearing before it.
"Now that Martha Koome today read the order of the Court where 6 judges recused themselves from the case I was to argue and further baring me from the court as long as the members of the Court...I'm ready to make peace with the court as follows:
"1. I will not take a brief or appear before the Supreme Court as long as CJ Koome, DCJ Mwilu, Smokin Wanja and Njoki are judges of the Supreme Court Kenya. 2. I will come back to the Court (InshaAllah) if and when Justices Ibrahim, Lenaola, Ouko and other new members constitute a majority in the Supreme Court," Ahmednasir said on X.
The court on Thursday last week barred Ahmednasir and employees of his law firm from filing cases before it over what it termed as incessant and unsubstantiated attacks.
The court stated that Ahmednasir could not continue appearing before them in the face of incessant attacks from the lawyer on his media engagements.
David Chelugui and his sick mother Susan become Ahmednassir's first clients to bear the brunt of the ban.