NAIROBI, Kenya – The Court of Appeal has temporarily halted High Court proceedings on a case challenging the indefinite ban imposed on Senior Counsel Ahmednasir Abdullahi and his law associates, pending a decision from the Supreme Court.
The suspension, ordered by Appellate Judges Pauline Nyamweya, Aggrey Muchelule, and George Odunga, will remain in effect until the appeal filed by Supreme Court judges is resolved.
The Supreme Court judges are challenging a High Court ruling by Justice Chacha Mwita, who had asserted his court’s authority to handle the matter initiated by the Law Society of Kenya (LSK) contesting the January 18 ban on Ahmednasir.
In his ruling, Justice Mwita emphasized the High Court’s responsibility to examine alleged rights violations under Kenya’s Bill of Rights.
“The court has a duty to determine whether [Ahmednasir’s] rights and fundamental freedoms in the Bill of Rights have been violated,” Justice Mwita stated.
His position, however, met opposition from the Supreme Court judges, who argued that allowing the High Court to hear the case could disrupt the hierarchy of Kenya’s judicial system.
They subsequently appealed Mwita’s decision, leading to the current suspension by the Court of Appeal.
On Tuesday, the appellate judges underscored that High Court proceedings will remain paused as they await the Supreme Court’s final decision.
Meanwhile, a request to escalate the appeal to a five-judge bench—submitted by Advocate Issa Mansour, who represents Ahmednasir’s firm—was approved without objection from other parties involved.
In the interim, the Court of Appeal registry is set to schedule a hearing for the civil appeal in December after the required submissions are filed.
The suspension, ordered by Appellate Judges Pauline Nyamweya, Aggrey Muchelule, and George Odunga, will remain in effect until the appeal filed by Supreme Court judges is resolved.
The Supreme Court judges are challenging a High Court ruling by Justice Chacha Mwita, who had asserted his court’s authority to handle the matter initiated by the Law Society of Kenya (LSK) contesting the January 18 ban on Ahmednasir.
In his ruling, Justice Mwita emphasized the High Court’s responsibility to examine alleged rights violations under Kenya’s Bill of Rights.
“The court has a duty to determine whether [Ahmednasir’s] rights and fundamental freedoms in the Bill of Rights have been violated,” Justice Mwita stated.
His position, however, met opposition from the Supreme Court judges, who argued that allowing the High Court to hear the case could disrupt the hierarchy of Kenya’s judicial system.
They subsequently appealed Mwita’s decision, leading to the current suspension by the Court of Appeal.
On Tuesday, the appellate judges underscored that High Court proceedings will remain paused as they await the Supreme Court’s final decision.
Meanwhile, a request to escalate the appeal to a five-judge bench—submitted by Advocate Issa Mansour, who represents Ahmednasir’s firm—was approved without objection from other parties involved.
In the interim, the Court of Appeal registry is set to schedule a hearing for the civil appeal in December after the required submissions are filed.
