Defence Cabinet Secretary Aden Duale has faulted the Supreme Court for banning lawyer Ahmednasir Abdullahi from appearing before it.
In a statement on Friday, January 19, 2024, Duale accused the Supreme Court of contravening Article 33 of the Constitution, which provides for freedom of expression.
“The Constitution of Kenya 2010 under Article 33 provides for the freedom of expression, explicitly stating that every person has and shall enjoy this right,” Duale stated.
“Ahmednasir Abdullahi, like any other Kenyan, is entitled to this and the Judiciary will not gag him in this day and age of our country, guided by Constitutionalism and the Rule of Law.”
The Supreme Court on Thursday permanently barred Ahmednasir from appearing before it over his consistent disparaging remarks made against the institution and its judges on various media platforms.
Supreme Court judges led by Chief Justice Martha Koome, her Deputy Philomena Mwilu and Justices Mohamed Ibrahim, Smokin Wanjala, Njoki Ndungu, Isaac Lenaola and William Ouko said Ahmednassir’s attacks destroyed the individual judges’ reputation.
“In view of the foregoing, it is the decision of this Court, that henceforth and from the date of this Communication, you shall have no audience before the Court, either by yourself, through an employee of your law firm, or any other person holding brief for you, or acting pursuant to your instructions. Much as this decision is bound to affect those who may have instructed you to represent them before the Court, it is untenable that you would seek justice in the very institution and before the very Judges, whose reputation and integrity you never tire in assaulting,” a letter to the lawyer from the Supreme Court read in part.
The apex court accused the lawyer of running a campaign aimed at scandalizing, ridiculing and outrightly denigrating the court.
“Over the years, you have relentlessly and unabashedly conducted a campaign in the broadcast, print and social media aimed at scandalizing, ridiculing and outrightly denigrating this Court. Through social media posts, media interviews and write-ups, you have accused the Court either in its constitutive persona, or individual membership, of acts of corruption, incompetence and outright bribery. This, you have done with reckless abandon, paying scant regard to the reputations of those who tirelessly serve on the Court in accordance with their Oath of Office,” the letter added.
Theuri defends Ahmednasir
On Friday, the Law Society of Kenya President Eric Theuri said the lawyers’ body would seek redress over the ban.
“I spoke with Ahmednasir Abdullahi. The Supreme Court has irredeemably lost it on this one. Every person has a constitutional right to the counsel of his choice. The Court cannot violate a consumer’s rights by dictating who should appear before them,” Theuri stated.
“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,” he added.
Theuri said the timing of the ban has come at the wrong time given the heated exchanges the judiciary has had with the executive.
