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Watch: Police and lawyers in heated debate over Supkem drama

Tensions escalated outside the SUPKEM headquarters in Nairobi’s CBD as police officers from the Central Police Station found themselves embroiled in a heated debate with lawyers representing Ambassador Yusuf Abdulrahman Nzibo’s faction.

The dispute revolved around the enforcement of a court order and the maintenance of law and order at the premises.

Ambassador Nzibo’s faction arrived at the SUPKEM headquarters to regain control of the national chairman position currently held by Hassan Ole Naado.

However, their efforts were met with resistance from a dozen police officers dispatched to ensure order and prevent any disturbances.

Central Police Station OCS Moses Mutayi urged the faction to follow the appropriate procedure and address their concerns with the top leadership rather than attempting to force their way into the premises.

He explained that the police were not paid to obstruct but to maintain law and order.

In response, Ambassador Nzibo’s lawyers expressed dismay at the police’s interference, stating that they were not aiding in the enforcement of the court order.

They highlighted the alleged illegal withdrawals from SUPKEM’s bank accounts and called for investigations into potential misappropriation of funds.

Outside the SUPKEM offices, Ambassador Nzibo expressed determination to peacefully take over the leadership, citing a court order allowing his faction to assume control.

“We are telling our Muslims to continue praying for us so that we can take over the office peacefully… I don’t know why even with the court order and confirmation from the Registrar’s office, they are still refusing to leave the office,” Ambassador Nzibo said.

Mr Ole Naado’s side has insisted that Ambassador Nzibo and his team are no longer members of the council and that their motive is questionable.

On January 26, 2024, the Milimani Commercial Magistrate Court allowed Ambassador Nzibo to take over the office, which was later challenged by the other faction.

On Friday at the High Court of Kenya, Judicial Review Division, Justice Chigiti J. dismissed the case filed by the Council and embattled chairman Ole Naado on technicalities.

The council and Ole Naado had filed a case challenging the Registrar of Societies’ move to deregister him and other leaders from Supkem leadership.

The judge agreed with the Registrar’s submission that the Council did not have locus standi to bring the case on its behalf.

According to the judge, the Council is a registered society under the provisions of the Societies Act Chapter 108 of the Laws of Kenya.

“It is trite that societies registered under the Societies Act or other unincorporated bodies are not legal persons with the capacity to sue or be sued in their own names. Such societies can only sue or be sued through their elected officials or members who are duly authorized,” Justice Chigiti ruled.

The judge further ruled that the council did not write to the court and that Mr Ole Naado was to represent it before the court in the case.

“I have perused the materials in this matter and I have not found any appointment of the 2nd applicant (Ole Naado), in writing, authorizing him to represent the society (1st applicant) herein being Supkem. As such, I find that the 2nd applicant has not complied with Section 41 of the Societies Act.”

The Registrar had stated that according to the list submitted to her office after a successful election held in 2017, Ambassador Yusuf Abdulrahman Nzibo was the legitimate Chairman of the Council.