Judiciary urges LSK to refrain from ‘occupy Supreme Court’

The Judiciary has expressed concern over a statement issued by the Law Society of Kenya (LSK) on January 23, 2025, urging its members to occupy the Supreme Court in protest of the court’s decision to recuse itself from hearing cases involving Senior Counsel Ahmednasir Abdullahi, his law firm or associates.

In a press release by Judiciary Spokesperson Paul Ndemo, the Judiciary highlighted that the recusal decision is currently under legal scrutiny in multiple courts, including the East African Court of Justice, the Court of Appeal and the High Court.

The ongoing cases include:

  1. Law Society of Kenya v Supreme Court of Kenya & another; Abdullahi SC & 19 others (Interested Parties) (Petition E026 of 2024) – Constitutional and Human Rights Division of the High Court.
  2. Ahmednasir Abdullahi Advocates LLP & 10 Others v. Lady Justice Martha Karambu Koome & 9 Others; Petition No. E048 of 2024 – Constitutional and Human Rights Division of the High Court.
  3. Ahmednasir Maalim Abdullahi v. the Attorney General of Kenya, Reference No. 15 of 2024 – East African Court of Justice.
  4. The Supreme Court of Kenya & 9 Others vs. LSK & 12 others- Civil Applic. No. E397 of 2024 – Court of Appeal.

The Judiciary emphasized that all these matters remain undetermined and are therefore sub judice.

The recusal decision challenged in these cases bars judges of the Supreme Court from handling matters filed by Ahmednasir Abdullahi Advocates LLP or any of its representatives.

The Judiciary called upon LSK members, as officers of the court, to uphold the principles of the rule of law and respect the sub judice rule.

“We urge LSK members to refrain from proceeding with the threatened action. It is imperative that we allow and seek lawful and peaceful means to address the matter at hand,” the statement read.

This development comes amid heightened tensions between the Judiciary and the legal fraternity, with the recusal decision sparking debate on judicial impartiality and professional conduct within the legal field.

Ndemo reiterated the Judiciary’s commitment to lawful processes and peaceful conflict resolution while urging all stakeholders to exercise restraint as the courts deliberate on the matter.