Reprieve for Lawyer Ahmednasir as court suspends ban case

The Court of Appeal has suspended proceedings at the High Court touching on the indefinite ban imposed on Senior Counsel Ahmednasir Abdullahi and his associates.
Justices Pauline Nyamweya, Aggrey Muchelule and George Odunga said the case will remain suspended until an appeal filed by the Supreme Court Judges is determined.
The Supreme Judges moved to the appellate court after High Court Judge Chacha Mwita said it has jurisdiction to hear and determine the case filed by the Law Society of Kenya challenging a ban imposed on the senior counsel on 18 January 2024.
Justice Chacha Mwita said the high court has the power to hear and determine the case saying the issues raised fall under their jurisdiction.
“The court has a duty to determine whether his rights and fundamental freedoms in the Bill of rights have been violated,” said Mwita.
The Supreme Judges had asked the High Court not to entertain the case saying it would be a breach of the court hierarchy to entertain the matter.
They subsequently appealed Mwita’s decision.
On Tuesday, the appellate Judges said the case before Mwita will not proceed until the appeal is determined.
They also stated that parties will administratively follow up with the President of the Court of Appeal on the request to have the matter handled by a five-judge bench.
The request for a five-judge bench was made by Advocate Issa Mansour.
He represents Ahmednasir’s law firm. The same was not opposed by the other parties.
The registry will now set a hearing date for the civil appeal in the month of December after submissions have been filed.