13 Lawyers Seek Removal of Kenya's Top Judges Following Practice Ban

The Kenyan judiciary is facing a critical crisis following a petition submitted by 13 advocates from Ahmednasir Abdullahi Advocates LLP.

The petition calls for the removal of all seven Supreme Court judges, including Chief Justice Martha Koome, on allegations of gross misconduct. This escalation has intensified the already strained relationship between the Judiciary and the legal community. The central issue stems from the Supreme Court's January 2024 ruling that barred Mr Abdullahi and his law firm from practising before the court.

This decision was prompted by claims that Mr Abdullahi had made derogatory statements about the judges on social media. The subsequent extension of the ban to all advocates associated with his firm has led the petitioners to argue that this constitutes a severe breach of their constitutional rights and is indicative of gross misconduct. Tensions further escalated when the Supreme Court cautioned the Law Society of Kenya (LSK) against planned protests, which included a potential occupation of the court premises in response to the ban.

The LSK had intended to organize a boycott of Supreme Court cases as a form of protest. In their petition, the 13 advocates contend that the ban imposed by the Supreme Court, which occurred without lawful justification and notification of the affected lawyers, represents an egregious violation of their rights. They assert that they were effectively tried and convicted in absentia, undermining their professional standing and rights.

“The petitioners aver that the individual conduct of the seven justices of the Supreme Court of Kenya have gravely compromised the administration of justice, such that it is inconceivable that, as custodians of the apex judicial authority of the republic, they would, without lawful justification and in contravention of established legal principles, arbitrarily and capriciously impose a blanket ban on an entire group of legal practitioners from appearing before them,” the petition reads in part.

This petition marks the second time a challenge to the Supreme Court judges has been filed, with the first initiated by former LSK president Nelson Havi, citing similar allegations of gross misconduct and seeking the judges' removal. Judiciary spokesperson Paul Ndemo has addressed the unfolding situation, noting the existence of four related cases currently pending in various courts.

He urges members of the LSK to adhere to the sub judice rule, which prohibits actions that may compromise the integrity and authority of the courts. Ndemo emphasizes the importance of pursuing lawful and peaceful resolutions to this conflict, warning that the threatened strike could result in significant legal repercussions.