Law Society of Kenya (LSK) President Eric Theuri has expressed strong disagreement with the Supreme Court's decision to permanently bar senior counsel Ahmednasir Abdullahi from appearing before the court.
The LSK President highlighted six reasons why he believes the Supreme Court is fundamentally wrong in enforcing the ban.
Theuri emphasised the constitutional right of every individual to choose counsel. He argued that the court cannot violate a consumer's rights by dictating who should represent them, underscoring the principle of autonomy in legal representation.
Theuri further asserted that the Supreme Court lacks the legal right to bar an advocate who is duly authorized by the Law Society to practice law. This, he contended, constitutes an illegal and irregular action that undermines the authority of the legal profession.
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Furthermore, Theuri labelled the decision as having no basis in law, deeming it illegal and irregular. He expressed concern that such actions paint the court as a purveyor of injustice, eroding public trust in the judiciary.
The LSK President pointed out that the timing of the decision is particularly concerning, given the current scrutiny of the judiciary.
He argued that the ban could potentially justify attacks on the judiciary when it is already under public scrutiny, further complicating the relationship between legal professionals and the courts.
Theuri highlighted that the decision violates the principle of the right to be heard, a fundamental element of fair judicial proceedings. This, he argued, compromises the integrity of the legal process and fairness in the administration of justice.
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Lastly, Theuri warned against the dangerous precedent set by the Supreme Court's decision, suggesting that it opens the door for courts to bar individuals based on personal dislikes rather than legal merit.
Ahmednasir Abdullahi was barred from appearing before the Supreme Court of Kenya on January 19.
The decision, communicated through a letter from the Court's Registrar, Hon. L.M. Wachira, cited Ahmednasir's persistent attacks and unsubstantiated accusations against the court and its members.