Eldoret family the first victims of Supreme Court ban on Ahmednasir
Lawyer Ahmednasir Abdullahi.
What you need to know:
- Mr Abdullahi was not on the online platform but he is the lawyer on record, representing the Chelugui family.
- The family of the ex-chief successfully sued Moi’s estate and Mr Rai for grabbing their land on September 21, 1983.
An Eldoret family this morning became the first litigants to be affected by a ban imposed by the Supreme Court on Senior Counsel Ahmednasir Abdullahi after six judges of the top court recused themselves from hearing their case.
The family of the late Noah Chelugui led by his ailing widow Susan and son David Kipkemboi Chelugui asked the court to allow them pick another advocate after the judges of the court led by Chief Justice Martha Koome, reiterated their earlier decision - imposing the ban on Mr Abdullahi - in their ruling.
Mr Abdullahi was representing the family of Mr Chelugui in an appeal filed by the estate of the former President Daniel Moi and billionaire businessman Jaswant Rai.
Mr Abdullahi was not on the online platform but he is the lawyer on record, representing the Chelugui family.
Mr Moi’s estate moved to the Supreme Court after they were ordered to compensate the family Sh1 billion for grabbing their parcel of land in Eldoret town in 1983.
“In view of the foregoing, we reiterate the decision of this court, that Mr Abdullahi shall have no audience in this court,” Justice Koome said.
The Chief Justice said much as the ban was bound to affect those who may have instructed Mr Abdullahi to represent them before the court, it was untenable that he would seek justice in the very institution and before the very judges, whose reputation and integrity he never tires in assaulting.
The family of the ex-chief successfully sued Moi’s estate and Mr Rai for grabbing their land on September 21, 1983.
The family of the ex-chief sued both Moi and Mr Rai for grabbing their 53-acre parcel of land in Eldoret.
In the intended appeal, Mr Rai argued that the matter involves the interpretation of several articles of the constitution, particularly the application of the Limitation of Actions Act to the enforcement of fundamental rights and freedoms.
The tycoon said the question of retrospective application of the constitution was raised before the trial court but the judge who heard the case did not make a determination on the issue.
Mr Rai defended himself saying he purchased the land from Mr Moi in 2007 after doing a search and confirming that it belonged to the former President.
Mr Moi’s family had faulted Justice Anthony Ombwayo’s decision saying he was wrong in using the 2010 Constitution to determine the suit instead of the set of laws in place at the time.
