The law society of Kenya has protested against the Supreme Court of Kenya decision to ban city lawyer city lawyer Ahmednasir Abdullahi from making an appearance before it.
LSK President Eric Theuri has termed the decision as a violation of the principle of right to be heard which is an element of any fair decision.
”The Law Society will not allow its statutory mandate to be encroached upon by the Court and will seek an immediate retraction & apology from the Supreme Court.” Theuri stated.
Theuri further has noted that the move sets a dangerous precedent where courts can bar anyone they dislike and it justifies the attacks on the Judiciary At a time when the courts is its in cross hairs.
“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. 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 & paints the Court as a purveyor of injustice.” The statement reads.
The Supreme Court, in a strongly-worded letter drafted by Registrar L.M Wachira, barred Ahmednasir and employees of his law firm from filing cases before it over what it termed as incessant attacks.
The Registrar noted that it defeats the purpose for Grand Mullah,to appear before the very institution and individuals that he constantly berates in his media engagements.
In his response, Grand Mullah, asserted his long-held argument that the top court and its judges are “corrupt”.
The Advocates Act gives the High Court & all courts exercising jurisdiction as High Court to suo moto or an application the power to discipline, ban or have a lawyer struck off the Roll of Advocates.
This is residual power that always existed but Judges have been shy to exercise..