Pending the outcome of an appeal by Supreme Court judges, the Court of Appeal has temporarily suspended proceedings in a case concerning the ban of attorney Ahmednasir Abdullahi. The case will be put on hold until the appeal is resolved, according to the rulings of Justices Pauline Nyamweya, Aggrey Muchelule, and George Odunga.
The appeal comes after High Court Judge Chacha Mwita ruled in January 2024 that the High Court had the authority to consider the issue. The Law Society of Kenya (LSK) filed the lawsuit, contesting Ahmednasir’s ban. Justice Mwita underlined that the court needs to decide whether Ahmednasir’s Bill of Rights rights have been infringed.
“It is the court’s responsibility to decide if his Bill of privileges privileges and fundamental freedoms in the Bill of Rights have been violated,” Justice Mwita stated.
Judges of the Supreme Court, however, protested the High Court’s participation, claiming it compromises the judicial hierarchy. They challenged Mwita’s decision and asked the Court of Appeal to step in.
The appellate justices upheld the suspension of Justice Mwita’s proceedings until the appeal was resolved in their ruling on Tuesday. They also accepted a plea for a five-judge bench to hear the matter made by attorney Issa Mansour, who is representing Ahmednasir’s legal business. No one objected to this request.
In order to create the five-judge bench, the appellate court ordered the parties to work with the Court of Appeal President. After all necessary paperwork is submitted, the Court of Appeal registry plans to set a hearing date for December.
This development prolongs the legal dispute over Ahmednasir’s ban, raising questions about the balance between judicial independence and the hierarchy of the court system.
