Lawyer Ahmednasir's freedom of speech amounts to impunity, Judiciary says

The Judiciary has called on the Director of Public Prosecutions, Renson Ingonga, to investigate and prosecute Senior Counsel Ahmednasir Abdullahi over his repeated corruption allegations against unnamed judges.

In a statement released Tuesday, May 27, the Judiciary noted that Ahmednasir has failed to provide any evidence supporting his claims despite several requests for proof to aid investigations into the accused judges.

“Despite these calls, SC Ahmednasir has resorted to campaigning to disparage the judiciary, its leadership, and senior judges without making any formal complaint, leading us to conclude that he does not have any credible information and is simply besmirching the reputation of the Judiciary and its leadership for his own undisclosed ends,” said Judiciary spokesperson Paul Ndemo.

Ndemo warned that Abdullahi’s “unbecoming and unprofessional” conduct has tarnished the courts’ reputation, risking public trust in the judicial system to fairly resolve disputes.

The Judiciary also urged professional bodies, including the Law Society of Kenya and the Senior Counsel Bar, to take disciplinary action against Ahmednasir for violating professional codes of conduct.

“We also urge the leadership of the Law Society of Kenya and the Senior Counsel Bar to take such measures as are within their respective mandates to bring discipline and order among its members and specifically SC Ahmednasir, and also restore the dignity of the bar and the legal profession,” Ndemo added.

Ahmednasir, who commands a large following on social media, has been a vocal critic of judges he accuses of accepting bribes from lawyers and litigants to sway rulings in their favor.

In his latest allegation, he accused a senior Supreme Court judge of accepting a Sh4 million bribe to influence a case before the Court of Appeal, but allegedly refusing to refund the money when the bribe giver lost the case.

He says he successfully helped recover the funds, which angered those involved and triggered calls for his arrest and prosecution.

“I went to good law schools. I taught law for decades. I practise law at the very top. I have been a leader of the Bar. I know the law. Recovering Sh4 million from a thieving Supreme Court judge IS NOT a CRIMINAL OFFENCE,” he wrote on X.

However, the Judiciary insists that Abdullahi is abusing his constitutionally guaranteed freedom of speech by publishing incendiary posts, which it equates to impunity and a mockery of the country’s supreme law.

“There are limits to this freedom and it cannot be abused in a manner that stokes public mistrust in the judicial system. Free speech must be exercised responsibly,” Ndemo reiterated.

The ongoing dispute between Ahmednasir and the Judiciary has seen the lawyer barred from appearing before Supreme Court judges since January 2024.