Senior Counsel Ahmednassir Abdullahi.
The Supreme Court judges are deliberating a fresh application seeking to lift their ban on Senior Counsel Ahmednassir Abdullahi from appearing before them, a decision that could either defuse or escalate tensions between the Judiciary and the legal fraternity.
The ban, imposed in January 2024 after Mr Abdullahi’s scathing critiques of the apex court in social media, sparked a bitter feud that later spilled over to the Judicial Service Commission (JSC) and the courts, including the East African Court of Justice (EACJ).
Several petitions were filed seeking the removal of Supreme Court judges, including Chief Justice Martha Koome, accusing them of suppressing free speech and abusing judicial authority.
On Tuesday, Senior Counsels Paul Muite and Fred Ngatia urged the apex court to reconsider its decision, arguing that Mr Abdullahi had reflected on the conduct complained of and that the two-year ban had served its purpose.
The matter arose during the court’s first sitting of the year before a six-judge bench led by the Chief Justice. The session began with a minute of silence honouring the late Justice Mohammed Ibrahim, who passed away in December.
The court then shifted focus to a decades-old land dispute between the government and rancher Nguruman Limited. However, proceedings took a swift turn following an oral plea from Mr Muite and Mr Ngatia, representing Mr Abdullahi, urging the court to reconsider its decision to ban the advocate.
'Time enables introspection'
Senior Counsel Ahmednasir Abdullahi gestures during an interview at his office in Nairobi on January 4, 2024.
Mr Abdullahi had previously represented Nguruman Limited at the Court of Appeal, where the company secured a Sh17 billion compensation award over repeated land invasions and the government’s failure to protect its property. The government filed a petition of appeal to the Supreme Court seeking to quash the award.
Mr Muite and Mr Ngatia argued that the prohibition, which has barred Mr Abdullahi and his law firm from appearing before the Supreme Court since January 2024, had "served its purpose" and should be lifted.
"The denial of audience has achieved its objective, and we pray that the order be vacated," Mr Muite said, disclosing that the application followed a discussion with the lawyer.
Mr Ngatia added that two years had passed since the sanction was imposed, allowing sufficient time for reflection.
"Time enables introspection," Mr Ngatia stated, emphasizing that the issues leading to the ban were now historical. He urged the court not to be "held hostage by past events" and called for reconciliation between the bench and the Bar.
Given that the ban stemmed from Mr Abdullahi’s social media remarks that the apex judges had described as “distasteful”, the lawyers assured the court that his future commentaries would be scholarly and respectful.
"Henceforth, we expect scholarly discourse befitting legal practitioners," Mr Ngatia said.
Judges cautious
However, the judges responded cautiously. Justice Isaac Lenaola pressed the lawyers for concrete assurances that Mr Abdullahi’s conduct would not recur.
Supreme Court Judge Isaac Lenaola.
"You are diplomatic but have not made a firm commitment," Mr Lenaola told Mr Ngatia.
Justice Njoki Ndung’u similarly sought clarity on whether Mr Abdullahi would uphold decorum in future statements.
Justice Njoki Ndung’u.
In response, Mr Muite affirmed that discussions had been held with Mr Abdullahi, who had committed to respectful discourse.
"The Bar and bench collaborate in serving justice. Any commentary must recognise the decorum and dignity of judicial office," Mr Muite said.
Mr Ngatia reiterated this, calling respect for the judiciary an "irreducible minimum" and assuring the court that "this incident will not happen again." He said it was time to restore harmony between the Bar and the bench."
Lawyer Dennis Ben Mosota, representing Nguruman Limited, described the ban as a "collective measure to uphold the court’s dignity" and confirmed Mr Abdullahi’s "genuine remorse."
The ban was initially communicated via a January 18, 2024, letter from the Supreme Court Registrar, citing Mr Abdullahi’s "relentless and unabashed" criticism of the judiciary through allegations of corruption and incompetence.
Previous attempts to overturn the ban failed on procedural grounds, while negotiations between the court and the Law Society of Kenya made little progress.
The latest application emerged during hearings in the Nguruman case, a long-running dispute over land invasions in Kajiado County.
The company’s Sh17 billion compensation award underscores the high stakes before the apex court.
After hearing submissions, Chief Justice Koome announced that a ruling would be delivered on Friday, January 23, leaving the legal fraternity awaiting clarity on whether Mr Abdullahi’s two-year exclusion has indeed "served its purpose."
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