Rédaction Africa Links 24 with Daily Nation
Published on 2024-01-25 17:17:22
The Law Society of Kenya (LSK) filed a lawsuit against the Supreme Court and its seven judges for imposing a ban on Senior Counsel Ahmednasir Abdullahi and his law firm from appearing before the apex court. The LSK argued that the decision violated the rules of natural justice, as Abdullahi and other advocates from his law firm were not given the opportunity to be heard, despite the seriousness of the decision.
In a petition to the High Court, the LSK requested a conservatory order to quash the Supreme Court’s decision and allow Abdullahi and his firm to continue practicing pending the hearing and determination of the petition. The petition also stated that the ban imposed by the Supreme Court was unreasonable, unconstitutional, and contrary to statute.
The LSK accused the Supreme Court of acting unilaterally by not giving Abdullahi or any of his employees the chance to be heard and of demonstrating actual and obvious bias in its decision-making process. The lawyers’ umbrella body also argued that the permanent ban imposed by the Supreme Court was blanket in scope and unfairly impacted Abdullahi, his employees, and their clients.
Additionally, the LSK criticized the Supreme Court for failing to use due process and evidence in its decision-making process, and for disregarding the principles of pluralism and tolerance in a democratic country. The LSK emphasized the potential adverse impact on clients who had already paid for legal services and defended Abdullahi’s track record of exposing corruption within the judiciary.
The lawsuit named 10 advocates practicing in Abdullahi’s law firm and the judges of the Supreme Court as interest parties in the case. The LSK sought to challenge the ban and ensure that due process and natural justice were upheld in the proceedings.
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