Judiciary warns LSK over Supreme Court occupation

By Catherine Muema On Jan 28, 2025

By Antynet Ford

The Judiciary has issued a warning to members of the Law Society of Kenya over plans to occupy the Supreme Court.

Judiciary Spokesperson Paul Ndemo cited ongoing cases urging that it would be a matter of sub judice.

Ndemo urged LSK to respect the rule of Law and pursue peaceful and lawful means to address its concerns.

“The Judiciary has noted with concern a statement issued by LSK dated last week Thursday urging its membership to occupy the Supreme Court. This protest is about the Supreme Court’s decision to recuse itself from hearing matters involving Senior Counsel Ahmednasir Abdullahi, and his law firm or associates. We urge LSK members to refrain from proceeding with the threatened action and to allow the ongoing legal processes to take their course,” Ndemo stated.

He highlighted that multiple cases linked to the recusal decision are still pending in various courts including; Law Society of Kenya v Supreme Court of Kenya & another; Abdullahi SC & 19 others (Petition E026 of 2024) and Ahmednasir Abdullahi Advocates LLP & 10 Others v. Lady Justice Martha Karambu Koome & 9 Others (Petition E048 of 2024), both before the Constitutional and Human Rights Division of the High Court.

Additionally, Ahmednasir Maalim Abdullahi v. the Attorney General of Kenya (Reference No. 15 of 2024) is before the East African Court of Justice, while The Supreme Court of Kenya & 9 Others vs. LSK & 12 others (Civil Applic. No. E397 of 2024) is currently before the Court of Appeal.

“These matters remain sub judice and must be allowed to proceed through the proper legal channels,” he added.

According to the Judiciary Spokesperson, any disruption to the court’s operations would undermine the rule of law and judicial independence.

LSK’s planned occupation stems from the Supreme Court’s decision to impose a permanent ban on Senior Counsel Ahmednasir from appearing before the apex court.

The ruling has sparked outrage among some LSK members, who view it as an infringement on legal practice rights.

Responding to the Judiciary’s statement, Ahmednasir dismissed Ndemo’s remarks, arguing that the cases filed do not challenge the judge’s recusal but rather the restrictions placed on lawyers employed by his firm.

Last week Friday, LSK President Faith Odhiambo announced that the body would mobilize its members for peaceful protests, including occupying the Supreme Court, to challenge the ban.

“The protests will begin this week and aim to address what we see as a violation of our rights as legal practitioners,” Odhiambo stated.