Court of Appeal Suspends Ahmednasir Ban Pending Supreme Court Appeal

The Court of Appeal has issued a temporary suspension of High Court proceedings concerning the controversial indefinite ban imposed on Senior Counsel Ahmednasir Abdullahi and his associates.

The ruling, delivered by a three-judge bench comprising Justices Pauline Nyamweya, Aggrey Muchelule, and George Odunga, effectively halts all proceedings until the resolution of an appeal filed by Supreme Court Judges. The case originated from a challenge by the Law Society of Kenya (LSK) against the January 18 ban on the senior counsel. High Court Judge Chacha Mwita had previously asserted the court's jurisdiction to hear and determine the matter, emphasizing its constitutional duty to examine potential violations of fundamental rights and freedoms enshrined in the Bill of Rights.

However, this position was contested by Supreme Court Judges, who contended that allowing the High Court to proceed would undermine the established judicial hierarchy. The appellate court's intervention has brought a new dimension to the legal discourse. During Tuesday's proceedings, the judges not only suspended the High Court case but also addressed a request from Advocate Issa Mansour, representing Ahmednasir's law firm, to have the matter heard by an expanded five-judge bench.

This proposal received no opposition from other parties involved, and participants were directed to follow up with the President of the Court of Appeal regarding this procedural request. Looking ahead, the Court of Appeal registry is anticipated to schedule a hearing for the civil appeal in December, pending the submission of required documentation. Also in courts, a three-judge panel is set to provide directives regarding the contested JKIA-Adani Group leasing proposal. The panel, comprising Justices Ngaah, Ado, and Nguguna, was appointed by Chief Justice Martha Koome following Justice Chigiti's referral of the case on October 24.

The Law Society of Kenya and Kenya Human Rights Commission filed the petition, securing an interim order blocking the implementation of Adani's proposal. The petitioners contend that leasing the profitable airport violates principles of good governance and transparency. A parallel petition by journalist Tony Gachoka and Mt Kenya Jurists is being heard separately in the constitutional division.