A group of 13 lawyers from the firm of Ahmednasir Abdullahi Advocates LLP has petitioned the Judicial Service Commission (JSC) seeking the removal of Chief Justice Martha Koome and all six other judges of the Supreme Court of Kenya. The lawyers argue that the judges’ decision to ban Senior Counsel Ahmednasir Abdullahi and advocates from his law firm from appearing before the court was unconstitutional and violated their professional rights.
The Supreme Court, in a unanimous decision on January 18, 2024, barred Ahmednasir and his firm’s advocates from presenting cases before it, citing accusations made by the senior counsel against the court and its judges. The court did not provide specific details about the alleged misconduct but deemed Ahmednasir’s actions as inappropriate.
In their petition, the 13 lawyers Asli Osman Mahamud, Peter Gichuru, Irene Koech, Esther Wanga, Cohen Amanya, Khadijah Ali, Elizabeth Mungai, Tony Towett, Mohamed Abdi, Muthoni Gatere, Omar Mwarora, Hilda Ndulu, and Jemimah Masudi have called for an investigation into possible gross misconduct, misbehavior, or breaches of the judges’ code of conduct. They argue that the Supreme Court’s decision to bar Ahmednasir and his firm from appearing before it amounts to an administrative ruling being converted into a judicial decision.
The petitioners are urging the JSC to determine whether the Supreme Court judges Chief Justice Koome, Deputy Chief Justice Philomena Mwilu, and Justices Mohamed Ibrahim, Smokin Wanjala, Njoki Ndung’u, Isaac Lenaola, and William Ouko acted within the bounds of the law in making their decision. They claim that the judges have waged an “unlawful and disproportionate campaign” against Ahmednasir and his firm, thereby affecting their ability to practice law and represent clients before Kenya’s highest court.
Furthermore, the lawyers argue that none of the Supreme Court judges has taken legal action against Ahmednasir for defamation, which they say raises concerns about the basis of the decision to ban him. They insist that Ahmednasir’s public statements are part of a broader discourse on judicial reforms and should not be used as a justification to deny legal representation to clients.
The petitioners want the JSC to assess whether there is sufficient ground for the removal of all seven Supreme Court judges. If the commission finds merit in their claims, they seek a recommendation for the judges’ suspension to be sent to President William Ruto for further action.
This petition marks a significant development in Kenya’s judiciary, as it challenges the Supreme Court’s authority and raises questions about judicial independence and accountability.
