Supreme Court clears Ahmednasir Abdullahi to return after two year ban

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The Supreme Court of Kenya has allowed Senior Counsel Ahmednasir Abdullahi to return to practice before the country’s highest court, ending a restriction that had lasted for two years.

The decision followed a request by his lawyers asking the court to lift an earlier order that had stopped him, his law firm, and anyone acting on his instructions from appearing before the Supreme Court.

The ruling was delivered by Chief Justice Martha Koome after the court considered an application filed by Ahmednasir’s legal team, led by Senior Counsel Paul Muite and Fred Ngatia.

They asked the court to vacate a suo motu order issued in January 2024. That order had been made after concerns were raised over public comments by Ahmednasir that the court found offensive to its integrity and dignity.

At the time the order was issued, six Supreme Court judges recused themselves from hearing any matters involving Ahmednasir.

The restriction effectively barred him from participating in proceedings before the apex court, marking a serious professional setback for one of the country’s most well known lawyers.In their submissions, Muite and Ngatia told the court that the two year period had achieved its purpose.

They argued that the sanction was corrective and that enough time had passed for reflection.

They assured the judges that Ahmednasir had taken time to consider his conduct and would in future engage with the court in a respectful and professional manner.

During the hearing, Ben Mosota, who appeared for Ahmednasir Abdullahi Advocates LLP, said the lessons from the earlier order had been fully learned.

He told the court that the Senior Counsel had shown genuine remorse and now better understood the importance of maintaining respect between the bench and the bar.

Mosota added that the relationship between judges and lawyers should be supportive rather than hostile, with both sides playing their role in upholding the rule of law.

After considering the arguments, the court noted that two years had passed since the original order and that clear assurances had been given. It ruled that Ahmednasir, his law firm, and anyone acting on his instructions may now appear before the Supreme Court in current and future cases.

The judges however clarified that the 2024 order would still stand in the specific matters that were already concluded.

Chief Justice Koome said the initial sanction was meant to protect the authority and dignity of the Supreme Court. She also noted that Ahmednasir had been given enough time to reflect.

“This ruling restores the right of Senior Counsel Ahmednasir Abdullahi to appear before the Supreme Court, reinforcing the principle that while the court protects its authority, it also allows for rehabilitation and professional reflection,” the judgment read.

The decision marks an important moment in Ahmednasir’s career and confirms his return to practice before the Supreme Court after a period of restriction.

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