The Court of Appeal has halted two High Court cases challenging the Supreme Court’s ban on lawyer Ahmednasir Abdullahi.
Justices Pauline Nyamweya, George Odunga, and Aggrey Muchelule ordered the suspension, preventing the High Court from hearing cases filed by the Law Society of Kenya (LSK) and Ahmednasir’s law firm until the appeal process is complete.
“Proceedings in the High Court are stayed pending the appeal hearing,” ruled Justice Nyamweya, who led the bench.
The appellate court also directed the involved parties to coordinate with Court of Appeal President Daniel Musinga to arrange for a five-judge bench to oversee the appeal.
The Supreme Court had turned to the Court of Appeal after the High Court ruled that it had jurisdiction to determine whether the Supreme Court had lawfully barred Ahmednasir.
Supreme Court lawyers Kamau Karori, Ochieng Oduol, and Milly Odari argued that the High Court had overreached by retaining the names of the seven Supreme Court justices in the case.
According to Karori, the High Court’s decision effectively asserted supervisory power over the Supreme Court, violating the judicial hierarchy.
Karori emphasized that the decision by Chief Justice Martha Koome, Deputy Chief Justice Philomena Mwilu, and Justices Mohamed Ibrahim, Smokin Wanjala, Njoki Ndung’u, Isaac Lenaola, and William Ouko was a formal judicial order, not an administrative matter, and therefore not subject to High Court review.
The lawyer added that the Supreme Court’s letter to Ahmednasir was merely a notification of the judges’ decision, formalized through a recusal order on January 23, 2024.
“The letter itself is not a decision; it simply conveyed the Supreme Court judges’ decision not to grant audience to the first interested party. This decision was formalized by the recusal order issued on January 23, 2024,” Karori stated.
The Supreme Court justices also argued that they hold immunity from personal lawsuits for decisions made in the course of their duties. “The current petition is legally flawed, frivolous, vexatious, and abuses the process of this honorable court,” their lawyer asserted.
The justices urged the Court of Appeal to dismiss the case entirely or, at a minimum, to remove their names from the proceedings. They suggested that if Ahmednasir and his law firm wish to contest the decision, they should do so directly at the Supreme Court.
