Faith Odhiambo President of the LSK
By John Kariuki
The Law Society of Kenya (LSK) has expressed grave concern over the Supreme Court of Kenya’s decision to uphold the ban on Senior Counsel Ahmednasir Abdullahi, his law firm, and advocates associated with the firm from appearing before the Court. This decision, initially made on January 18, 2024, and reiterated on January 21, 2025, during Supreme Court Petition No. E035 of 2023, has ignited significant backlash within the legal fraternity.
The LSK strongly condemns the Supreme Court’s actions, citing violations of constitutional rights, including the right to legal representation, independence of the legal profession, and freedom to earn a living. The Court’s decision to extend the ban to associates of the firm without presenting evidence of wrongdoing undermines the rule of law and denies clients their constitutional right to choose legal representation.
In a press statement, Faith Odhiambo, the President of the LSK, criticized the Court for failing to employ proper mechanisms for disciplining advocates as established under the Advocates Act. She emphasized that barring advocates from accessing a constitutional organ without due process amounts to judicial impunity. The LSK has since filed Constitutional Petition No. E026 of 2024 before the High Court to challenge this decision and its implications.
The LSK noted that the Supreme Court’s actions raise serious questions about judicial conduct, transparency, and accountability. By refusing to set a hearing date for Civil Appeal No. E615 of 2024, which had stayed proceedings in the High Court, the judiciary risks eroding public trust and undermining the equitable administration of justice.
Faith Odhiambo highlighted that judicial power is a public trust that must be exercised with fairness, impartiality, and inclusivity. While the judiciary must remain independent, it must also embrace constructive criticism and uphold accountability to maintain public confidence in its decisions.
The LSK has urged the judiciary to expedite the resolution of these matters and reverse the controversial orders. Failure to address the issue will compel the Society to mobilize its members for peaceful protests, including occupying the Supreme Court and potentially boycotting court proceedings. The LSK has also called on the Judicial Service Commission (JSC) to initiate disciplinary proceedings against the implicated Judges to safeguard judicial integrity.
The LSK reaffirmed its commitment to promoting the rule of law and protecting constitutional rights. It called on the Supreme Court to reconsider its actions and take immediate steps to restore public confidence in its role as an impartial arbiter of justice.
Faith Odhiambo concluded by stating that the LSK would remain steadfast in ensuring justice and accountability within Kenya’s legal system.
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