Ahmednasir Abdullahi Supreme Court ban: What lawyers think

LSK President Eric Theuri. [Boniface Okendo, Standard]

LSK President Eric Theuri

Law Society of Kenya (LSK) President Eric Theuri, in a post on X, condemned the decision, terming it a violation of constitutional rights.

"Every person has a constitutional right to counsel of his choice. The Court cannot violate a consumer's rights by dictating who should appear before them. The Court has no legal right to bar an Advocate duly authorised by the Law Society to practise law," said Theuri.

Theuri averred that the decision paints the court as a purveyor of injustice at a time when the Executive and Judiciary row is escalating.

The LSK President promised to seek redress from the Supreme Court over the matter.

"The Law Society will not allow its statutory mandate to be encroached upon by the Court and will seek an immediate retraction & apology from the Supreme Court," he added.

Former Law Society of Kenya (LSK) President Nelson Havi. [David Njaaga, Standard]

Nelson Havi

Former LSK President Nelson Havi held shared a similar opinion regarding the matter, terming it unconstitutional.

"The decision to bar Ahmednasir Abdullahi SC and his firm from appearing before the Supreme Court is unlawful and unconstitutional. It will be quashed by the High Court, further embarrass the 'besieged' Chief Justice, and dent the reputation of all 7 Judges of that Court," he said.

Makau Mutua

Professor Makau Mutua on the other hand held that the Supreme Court was wrong.

He said: It's patently unconstitutional for the Supreme Court of Kenya to ban Senior Counsel Ahmednasir or his associates from appearing before it. Free speech is the cornerstone of democracy. You don't win an argument by gagging your opponent. That's fascism. (sic),"

But lawyer Mark Oloo, appearing on KTN News on Friday morning claimed that the move was both constitutionally and politically motivated.

Oloo said that as a law professional, one has to adhere to certain etiquette and code of conduct. He opined that Ahmednasir could have followed the right legal procedures instead of "tainting the image of the judiciary" through his social media handles.