Lawyers File Petition To Disbar Senior Counsel Ahmednasir Abdullahi Over Alleged Misconduct

A petition has been filed with the Committee on Senior Counsel seeking the removal of prominent lawyer Ahmednasir Maalim Abdullahi from the Roll of Senior Counsel.

The petition, submitted by advocates Paul Kiragu Wathuta and John Murimi Njomo, alleges that Abdullahi has engaged in repeated professional misconduct, including contempt of court and disparaging remarks against the judiciary, which they argue disqualify him from holding the prestigious title of Senior Counsel.

The petition, dated January 29, 2025, cites multiple instances where Abdullahi, a well-known figure in Kenya’s legal community, allegedly made inflammatory statements on social media platform X (formerly Twitter) and during court proceedings.

These statements, the petitioners claim, have undermined public confidence in the judiciary and the legal profession.

Allegations of Misconduct

The petition highlights several specific incidents, including:

October 3, 2024: Abdullahi allegedly posted on X, accusing a Milimani judge of issuing orders to stop Parliament from impeaching Deputy President Rigathi Gachagua, claiming that Kenya had become a “tribal state” and that Chief Justice Martha Koome had “destroyed the courts completely.”

August 22, 2024: Abdullahi reportedly called for CJ Koome’s resignation, describing her as “clueless and incompetent.”

September 15, 2024: In another post, Abdullahi allegedly called for the removal of “notoriously corrupt judges” from the Supreme Court, further criticizing CJ Koome.

The petitioners argue that these statements, among others, demonstrate a pattern of behavior that is incompatible with the standards expected of a Senior Counsel. They also reference several Supreme Court rulings where Abdullahi was admonished for his conduct, including cases in 2019, 2022, and 2023, where the court found him guilty of disrespectful and contemptuous behavior.

Legal Basis for the Petition

The petition is grounded in the Advocates (Senior Counsel Conferment and Privileges) Rules, 2011, which outline the qualifications for Senior Counsel, including “integrity, irreproachable professional conduct, and good character.”

The petitioners argue that Abdullahi has repeatedly violated these standards, particularly through his public attacks on the judiciary and his failure to uphold the dignity of the legal profession.

Under Rule 15(1) of the same rules, the Committee on Senior Counsel has the authority to remove a Senior Counsel from the roll if they cease to meet the required qualifications.

The petitioners are urging the Committee to take this step, arguing that allowing Abdullahi to retain the title would discredit the rank and undermine public confidence in the legal profession.

Supreme Court Rulings Cited

The petition references several Supreme Court rulings where Abdullahi’s conduct was criticized:

In Republic v Mohammed & another (2019), the court found Abdullahi’s behavior to be “disgraceful and reprehensible,” describing his submissions as “insolent, impertinent, and offensive.”

In Attorney-General v Ndii & others (2022), the court noted that Abdullahi, though not a counsel in the case, had taken a “lead role in disparaging and besmirching the Court” through his social media posts.

– In Jammohamed v Lagat & others (2023), the court again admonished Abdullahi for making “unfounded and disparaging remarks” against the judiciary.

Call for Accountability

The petitioners argue that Abdullahi’s actions have not only violated professional standards but have also threatened the rule of law by eroding public trust in the judiciary. They emphasize that Senior Counsel are held to a higher standard of conduct and must serve as exemplars of the legal profession.

In their concluding remarks, the petitioners request that the Committee remove Abdullahi from the Roll of Senior Counsel, stating that this decision is necessary to “restore public confidence in the rank and dignity of Senior Counsel.”

The petition has sparked a debate within Kenya’s legal community, with some supporting the call for accountability, while others argue that the petition may be an attempt to silence legitimate criticism of the judiciary.

The petition could also be seen as an effort by the judiciary to fight back. Ahmednasir on Monday filed a petition for the removal of Supreme Court Judges over alleged corruption and incompetence.

Its an open secret that the lawyer popularly known as Grand Mullah doesn’t see an eye to eye with Chief Justice Martha Koome whom he has consistently attacked on the media for seeing through what he terms as the most corrupt judiciary in Kenyan history.

Ahmednasir has been calling for the dismissal or resignation of the CJ who in a recent press statement said she won’t be cowed by ‘internet bullies’ and vowed to stay strong and ruled out resigning despite mounting pressure.

Last year in n January, Ahmednasir was banned from appearing before the Supreme Court over what the court termed as years of consistently distasteful remarks made against the institution and its judges on various media platforms.

It became a thorny issue that has brought about condemnation from legal fraternity including Law Society of Kenya(LSK) who’ve called out the Supreme Court bench of being unfair and unfair to Ahmednasir and his law firm.

The Supreme Court, last week, declined to hear a lawyer from Ahmednasir Abdullahi Advocates LLP, a firm owned by lawyer Ahmednasir Abdullahi, with the court asserting that the ban against Senior Counsel Ahmednasir and his legal team from appearing before it is still effective.

Similarly, former LSK President Nelson Havi filed a petition to the JSC and urged the Commission to compel President William Ruto to form a tribunal and begin the process of firing the seven, accusing them of gross misconduct

There is a scheduled protests by LSK who’ve threatened to occupy the Supreme Court to protest the decision recusing itself from hearing any matter by Ahmednasir and his law firm or associates.

Abdullahi has dismissed the petition as a joke, “How can two PIG FARMERS from TIMAU who have never been inside a courtroom and on the payroll of JurisPESA judges petition against me? JOKERS!” He posted on his X in reaction to the news.

The Committee on Senior Counsel is expected to review the petition and make a determination in the coming weeks. If the petition is successful, it would mark a significant moment in Kenya’s legal history, as the removal of a Senior Counsel is a rare and serious action.