Senior Counsel Ahmednasir Abdullahi alleges judicial corruption in Supreme Court decision nullifying Sh5.8 billion grain facility deal, while industry experts warn of sustained high grain prices due to entrenched monopoly
NAIROBI, Kenya — Prominent lawyer Ahmednasir Abdullahi has ignited a firestorm with allegations of judicial corruption following the Supreme Court’s decision to nullify a Sh5.8 billion grain handling facility deal awarded to a company linked to Mining Cabinet Secretary Hassan Joho’s family.
In a series of incendiary social media posts, the Senior Counsel claimed the ruling was compromised, implicating a senior lawyer in private practice as the architect of the Joho family’s legal defeat.
“Oh POOR JOHOs…not a chance in hell! A lawyer in private practice in the class of ’90 (my classmate) did them…I have all the evidence…everything!!! Kila kitu!!! This is beyond JurisPESA. You can’t win against OLIGARCHS. Not before the Supreme Court of Kenya,” Abdullahi declared on X (formerly Twitter).
The Supreme Court’s five-judge bench, led by Deputy Chief Justice Philomena Mwilu, struck down the Kenya Ports Authority’s (KPA) award of the license to Portside Freight Terminals Limited, citing unconstitutional use of the Specially Permitted Procurement Procedure (SPPP).
The court ruled that KPA failed to justify bypassing competitive tendering, emphasizing that “constitutional principles must override urgency or strategic value” in government contracts.
The case, filed by activist Senator Okiya Omtatah, argued the deal unfairly favored the Joho-linked firm, excluding other qualified competitors.
Monopoly at the Heart of the Dispute
The legal battle underscores a decades-long rivalry between the Joho family and Mohamed Jaffer, whose company, Bulkstream Ltd (formerly Grain Bulk Handlers Limited), has dominated Kenya’s grain handling for 30 years.
Abubakar Ali Joho, the CS’s brother and operator of Portside Freight Terminal, accused Jaffer of waging a smear campaign to protect his monopoly.
“He’s the monopoly—I am not,” Abu Joho testified in a related defamation case.
Industry analyst Fauz Khalid warned the ruling would perpetuate high food prices: “The grain storage monopoly is why Kenyans pay more. Prices will remain inflated as long as one player controls the chain.”
Khalid further alleged judicial interference, referencing “JurisPESA” — a nod to monetary influence in court decisions — and tied Jaffer’s dominance to similar monopolies in LPG distribution.
KPA’s Controversial Role
Critics highlight KPA’s inconsistent stance: while over 20 oil companies hold wayleave agreements for port facilities, only grain and gas sectors — where Jaffer holds monopolies — face restrictive licensing. “The Johos seek fair competition, not preferential treatment,” an insider noted.
Notably, KPA’s lawyers were absent for most of the case, appearing only on the final day to support Jaffer’s position, fueling claims of institutional bias.
The ruling preserves Jaffer’s stranglehold on grain handling, raising concerns about food security and market competition.
Experts argue that while the court upheld procurement laws, the decision may inadvertently shield monopolistic practices harming consumers.
The fallout extends beyond grain: the judgment could set a precedent affecting other port-based businesses, particularly those challenging entrenched interests.
The Joho family faces multiple battles, including Abu Joho’s defamation suit against Matilda Kinzani for alleged drug-trafficking smears, and disputes over Hassan Joho’s cabinet appointment.
The Supreme Court’s decision, though legally sound, exposes Kenya’s struggle to balance constitutional governance with economic competition.
As allegations of judicial corruption swirl, consumers face the immediate cost — sustained high grain prices — while the broader fight against oligarchic control of critical sectors remains unresolved.
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