Lawyer Ahmednasir Ordered to Release Prados He Seized From KeNHA

Editor's Review

The court has ordered Senior Counsel Ahmednasir Abdullahi to release three vehicles he seized from KeNHA for auction as to recover his award for damages.

Controversial Lawyer Ahmednasir Abdullahi has been ordered by the court to release three vehicles he seized from the Kenya National Highways Authority (KeNHA).

The Senior Counsel seized the vehicles in 2020 after his luxurious Bentley Bentyaga was destroyed as he drove on a major highway.

Ahmednasir was awarded Ksh750,000 for damages when he sued KeNHa after a shrapnel from the road under repair hit the Bentley's windscreen.

File image of a Bentley Bentyaga. |Photo| Courtesy|

The court ordered that the lawyer release the vehicles which will be auctioned to recover the amount he was compensated.

Justice Chacha Mwita stated that the court was restrictive of KeNHA property being attached, though ruling that the seizure was legal.

"In the end, having considered the twin applications, submissions and the law, it is this court's finding that section 68 of the Kenya Roads Act, restricts attachment of the applicant's assets, and therefore, no attachment should have taken place," Justice Mwita stated.

He ruled that the law requires KeNHA Director General to pay the debt without any delay. He declined to stop the payment pending an appeal.

Justice Mwita dismissed an application by the state agency to deposit the money in court as to halt the demand.

In October 2020. Ahmednasir took to social media to reveal that he had instructed auctioneers to attach three KeNHA vehicles after it failed to pay him the KLsh750,311 he spent on replacing the Bentley's windshield.

KeNHA then moved to court to protest the action by the Senior Counsel, arguing the move was illegal and unlawful.

KeNHA lawyer Fredrick Oyunga Onyango argued that the payment was in the current fiscal budget, adding that the award was issued after its budget for the 2020/2021 fiscal year had been determined already.

Ahmednasir dismissed the application, arguing that the agency was mandated to pay him without excuses.

KeNHA still maintains that they don't think the lawyer suffered the damages to the extent he alleged.

According to the Kenya Revenue Authority (KRA) the Bentley costs between Ksh30 million and Ksh51 million.

"In view of the foregoing, I come to the conclusion that the defendant owes the plaintiff and other road users a duty of care. The duty cannot be shifted to a third party," the court ruled.