The Judiciary has expressed concern over a call by the Law Society of Kenya (LSK) to its members to occupy the Supreme Court.
LSK threatened to occupy the Supreme Court over its decision to recuse itself from handling cases involving lawyer Ahmednasir Abdullahi, his law firm, or associates.
In a statement on Monday, January 27, Judiciary Spokesperson Paul Ndemo noted that the matters in question are currently before several courts, including the East African Court of Justice, the Court of Appeal, and the High Court.
"In all the above matters, the recusal order made by judges of the Supreme Court from hearing and determining any matter filed by the firm of M/S Ahmednasir Abdullahi Advocates LLP and where Mr. Ahmednasir Abdullahi, SC appears either by himself or through an employee of his law firm, has been challenged," he said.
Ndemo reiterated that all these cases remain unresolved and are therefore sub judice, meaning public commentary, especially by parties involved or in positions of influence, is restricted.
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As such, he urged LSK members to respect the rule of law and avoid actions that might jeopardize ongoing legal processes.
"We, therefore, wish to urge LSK members, as officers of the Court, that fully understand the import of the sub judice rule, and the significance of observing the rule of law, 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," he concluded.
LSK expressed strong opposition to the Supreme Court's decision to bar Ahmednasir and his associates from appearing before it with LSK President Faith Odhiambo describing the move as judicial impunity.
In a statement on Friday, January 24, she warned that if the Judiciary does not reverse this decision, the LSK will organize peaceful protests and occupy the Supreme Court.
"If our calls for the reversal of these orders are not heeded, the LSK will be compelled to take further action, including mobilising our members to stage peaceful protests and occupy the supreme court. Advocates may also boycott appearances before the court in expression of disapproval," she said.
