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In a captivating twist at the Supreme Court on Tuesday, January 23, 2024, Senior Counsel Ahmednasir Abdullahi, despite being officially banned from the case, decided to join on the sidelines.
This move came after he lost the chance to represent his clients in a Sh1 billion land dispute against the estate of the late former President Daniel Moi.
The Supreme Court had imposed a ban on Ahmednasir and his law firm's employees from filing cases before it on January 18, citing his "insensitivity and abusive arrogance" against the court.
The case involved Susan Cherubet Chelugui, aged 94, and her son David K. Chelugui, embroiled in a legal tussle over a Sh1 billion award.
The appeal, filed by Moi’s lawyer and estate administrator Senior Counsel Zehrabanu Janmohamed, challenged the compensation ordered by the High Court in 2019 for a 53-acre parcel of land in Eldoret.
Despite the ban, Ahmednasir showed his resilience by joining the case in a non-representative capacity.
Chief Justice Martha Koome affirmed the enforcement of the ban, stating that the court would recuse itself from the matter if Ahmednasir remained a counsel in the case.
The Chelugui Family's Dilemma
Faced with this unexpected turn, David Chelgui found himself in a dilemma. He requested more time from the court to decide on the way forward, particularly as his mother, Susan, was hospitalized and couldn’t attend the case.
The Supreme Court’s decision left the Chelugui family with the difficult choice of either finding a new lawyer or representing themselves.
"I joined the Supreme Court proceedings on the "sidelines" this morning. I'm glad that Chief Justice Martha Koome, first gave my clients time to engage another lawyer and second to prioritise the hearing of the consolidated appeal due to the illness of Mama Cherubet Chelugui," Ahmednasir said.
The Roots of the Dispute
The legal saga dates back to the 2019 High Court ruling, involving a dispute over a 53-acre parcel of land in Eldoret.
The High Court had originally ordered Moi to compensate the Chelugui family, as joint administrators of the estate of the late politician Noah Kimngeny Chelungui, with an amount of Sh1,060,000,000 for the land claimed to be owned illegally by Moi and Rai Plywood (K) Limited.
What Next for the Chelugui Family?
The current situation places the Chelugui family at a crucial crossroad in their prolonged legal battle.
The loss of their counsel, Ahmednasir, adds a layer of complexity to their quest for justice.
The case, now more than ever, shows the intricate dynamics of legal confrontations and property disputes in Kenya.
The legal fraternity awaits with bated breath to see how the Chelugui family navigates these turbulent waters and what the future holds for this high-stakes case.