In a significant development in the ongoing legal dispute involving Senior Counsel Ahmednasir Abdullahi, the Court of Appeal has suspended proceedings at the High Court concerning his indefinite ban. This move comes after the Supreme Court Judges filed an appeal challenging a decision by High Court Judge Chacha Mwita, which had allowed the Law Society of Kenya (LSK) to file a case against Ahmednasir over his controversial ban.
On Tuesday, Justices Pauline Nyamweya, Aggrey Muchelule, and George Odunga issued a ruling suspending the case at the High Court, which was originally scheduled to proceed under Justice Mwita’s guidance. This suspension will remain in place until the appeal filed by the Supreme Court Judges is fully determined.
The case revolves around a ban imposed on Senior Counsel Ahmednasir and his associates on January 18, 2024, by the Law Society of Kenya. The LSK had filed the petition claiming that Ahmednasir’s conduct had violated professional ethics, prompting the decision to issue the ban. Justice Mwita had ruled that the High Court possessed the jurisdiction to hear and determine the case, stating that the issues at hand fell under the court’s mandate to protect the rights and freedoms guaranteed in Kenya’s Constitution, particularly under the Bill of Rights.
Justice Mwita emphasized that the court was required to assess whether Ahmednasir’s rights had been infringed upon, particularly the right to fair treatment and freedom from arbitrary action. “The court has a duty to determine whether his rights and fundamental freedoms in the Bill of rights have been violated,” Justice Mwita stated in his ruling.
However, the Supreme Court Judges, after reviewing the case, disagreed with Mwita’s ruling. They argued that the High Court did not have jurisdiction to entertain the matter, claiming that proceeding with the case would constitute a breach of the established judicial hierarchy. As a result, the Supreme Court Judges appealed Mwita’s decision and sought the suspension of the case.
The Court of Appeal’s decision to temporarily halt the High Court proceedings is seen as a significant legal intervention. The appellate judges’ ruling also stipulates that the matter will not be heard at the High Court until the appeal is resolved. Furthermore, the appellate judges indicated that the parties involved should pursue the possibility of having a five-judge bench assigned to hear the case.
This request for a five-judge bench was made by Advocate Issa Mansour, who represents Ahmednasir’s law firm. The request was not opposed by the other parties involved in the case. According to the Court of Appeal, the request will now be forwarded to the President of the Court of Appeal for consideration. In response, the court registry will set a hearing date for the civil appeal, which is expected to take place in December 2024, after the necessary submissions from both parties have been filed.
The case is one of the latest developments in the ongoing tension between Ahmednasir, a prominent figure in the Kenyan legal landscape, and the Law Society of Kenya. The LSK’s move to challenge Ahmednasir’s conduct has raised significant questions about the autonomy of the legal profession in Kenya and the extent of the powers vested in professional bodies like the LSK.
The outcome of the appeal could have far-reaching implications, not just for Ahmednasir but for the wider legal profession in Kenya. It will likely set a precedent for how cases of professional misconduct and ethical violations are handled, particularly when high-profile figures are involved. For now, legal observers and stakeholders within the Kenyan legal fraternity will be closely watching how the appellate court rules on the matter, as it may influence future decisions related to the jurisdiction of various courts in Kenya.
As the case continues to unfold, the public and legal experts alike will be keen to see how the judiciary navigates the complex issues surrounding legal ethics, judicial authority, and the rights of legal practitioners.
