Law Society of Kenya faults Supreme Court for banning controversial lawyer Ahmednasir
Law Society of Kenya (LSK) president Eric Theuri has criticised the decision of the seven-judge bench of the Supreme Court against the constitutional lawyer, Ahmednasir Abdullahi.
In a statement, Mr Theuri said the move to ban the outspoken lawyer from appearing before was unconstitutional. He further vowed to challenge the move and demanded an apology from the court.
“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,” Theuri said.
The LSK boss’s adds that the court has no legal right to bar an advocate duly authorized by the Law Society to practice law.
“The decision has no basis in law, is illegal, irregular, and paints the court as a purveyor of injustice.”
The society adds that the court’s decision justifies the ongoing attacks on the Judiciary.
“The Court decision violates the principle of the right to be heard. A basic element of any fair decision.”
Theuri has further said that if the court’s decision is allowed to stand, it will set a dangerous precedent where courts can bar anyone they dislike.
“The Law Society will not allow its statutory mandate to be encroached upon by the Court and will seek an immediate retraction and apology from the Supreme Court.”
According to the court, the decision to to stop Ahmednasir from appearing before it in person or through his associates was based on the continuous attacks on the same court and the judges.
Also, advocate Carolyne Kamende, who is a former LSK Chairperson has criticised the court, saying the move was unconstitutional.
“The Supreme Court cannot condemn Senior Counsel unheard. Article 47 guarantees him a fair hearing. The Supreme Court seems to have been exercising an administrative action. Senior Counsel ought to have been heard before a decision was made,” Ms Kamende said.
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