Ahmednasir sorry as judges to rule on Supreme Court ban

Senior Counsel Ahmednasir Abdullahi. [File, Standard]

Senior Counsel Ahmednasir Abdullahi has expressed remorse and committed to refraining from future attacks on judges, as the Supreme Court prepares to rule Friday on whether to lift a ban barring him from appearing before the apex court.

The assurances were conveyed through Senior Counsels Paul Muite and Fred Ngatia, appearing for Ahmednasir, who made an oral application on Tuesday before Chief Justice Martha Koome and her five colleagues seeking to have the controversial restriction vacated.

The Supreme Court imposed the unprecedented ban on January 23, 2024, citing Ahmednasir's continued attacks on judges and the judiciary.

 "Ahmednasir Abdullahi, his Senior Counsel, shall have no audience before this Supreme Court, either by himself, through an employee of his law firm, or any other person holding his brief, or acting pursuant to his instructions," The letter imposing the ban stated.

In its letter, the court had questioned how the lawyer could seek justice from an institution "whose reputation and integrity you never tire in assaulting."

Following the original ban, Ahmednasir took to social media platform X to outline his conditions for returning to practice before the Supreme Court, declaring he would not appear "as long as CJ Koome, DCJ  Mwilu, Smokin Wanja and Njoki are judges of the Supreme Court Kenya."

In a significant shift from his earlier defiant stance, Ahmednasir has acknowledged the impact of his past conduct and committed to reform.

Senior Counsels Paul Muite and Fred Ngatia, who represented Ahmednasir, made the application to lift the ban during the mention of a Sh17 billion land case between Nguruman Limited and the State over alleged land invasion and property destruction in Narok.

In the matter the Supreme court had in 2024 declined to proceed with the hearing until  if Ahmednasir who represents  Nguruman Limited is part of its defense

 In this regard, the court adjourned the case, with 6 judges recusing themselves from the matter as long as Ahmednasir is the one on record.

"That denial of audience, in our very humble submission, has lived and in fact served its purpose. It is our humble prayer, extremely humble prayer, that the order be vacated," Muite said
His colleague, Senior Counsel Ngatia told the judges that the application had been made exactly two years after the order was issued.

“It is actually two years, two calendar years, since the order was made… It is maybe by coincidence, but I intend to think it is by providence that we are appearing before this honourable court on the second anniversary of the making of this order,” Ngatia said.

He argued that time had enabled reflection and reform.

“Time becomes a very good tool for communication… The factors that may have prompted the order are now largely historical,” he said.

Ngatia added: “Let us not be held hostage by historical facts, or the relics of those facts. Let us now break bread and move forward, united as bench and bar, to a new dawn… I thus request that the order be lifted and please allow our colleague an opportunity to practise law like any of the other colleagues who appear daily before you.”

Their submissions were supported by lawyer Dennis Mosota, who held Ahmednasir’s brief for Nguruman Limited in the multi-billion shilling land dispute matter where the application was made stating that the ban has been well received, lessons have been learned, and Ahmednasir has shown genuine remorse.

CJ Koome and five judges of the Supreme Court also heard that the senior counsel has committed to tempering his public commentary on judicial matters going forward.

Musota told the court that Ahmednasir would recalibrate his conduct to preserve the dignity and honour of the judiciary.

"The order barring Ahmednasir has been well received and understood as a collective intervention meant to preserve the dignity of the court. Lessons have been learnt and directions taken positively," Mosata stated.

"There is genuine remorse on the part of Ahmednasir. He will recalibrate his conduct, especially in his commentary regarding this court and other courts. It will be measured to preserve the dignity and honour of the court. In my view, the order barring Ahmednasir should now be set aside," He told the judges.

The Supreme judges, however, sought clarity on the application and assurances of future respect and decorum by Ahmednasir.

“Are you assuring us that in future he commits to respect and decorum to the bench? … Are you assuring us that the scholarly works and comments will not take the format that they have done in the past, and which was the basis of our order?”  Justice Njoki Ndung’u asked.

 Responding, Senior Counsel Paul Muite revealed that a meeting had been held between himself, Senior Counsel Fred Ngatia, and Ahmednasir Abdullahi, where they discussed the matter and agreed on a unified approach.

Muite said the discussions emphasised the need for Ahmednasir to reflect on his conduct and ensure that future commentary regarding the courts would uphold the dignity and integrity of the judiciary.  

"Whatever concerns a member of the bar might have about a particular judge or judges, the choice of language in raising those concerns needs to recognize and appreciate the high office held by a judge of this honorable court. We have had that discussion and that discussion is appreciated, in particular, by Senior Counsel Ahmednasir Abdullahi," He added.

Ngatia added that Ahmednasir had accepted “irreducible minimums” on conduct.

"Not a single word has fallen to the ground. All the words in the order have been well received and have been acted upon." He( Ahmednasir) expressed hope that "this incident will not happen again," He said.

The Judges of the Supreme Court led by Chief Justice Koome thanked the counsels for their submissions, acknowledging the kind gesture of working together in collaboration and in the spirit of the service of the people of this country and said they would deliver their ruling on Friday.

“We will consider those submissions and we will deliver a ruling… on Friday, the 23rd of January,” CJ Koome said.