Ahmednasir Joins Ksh1B Supreme Court Case Despite Ban, Decides On 2 Things
The move came after he lost the chance to represent his clients in a Ksh1 billion land dispute against the estate of the late former President Daniel Arap Moi.
Marvin Chege 
Senior Counsel Ahmednasir Abdullahi on Tuesday, January 23 offered a surprising twist when he decided to join on the sidelines, despite the apex court issuing a permanent ban on him.
The move came after he lost the chance to represent his clients in a Ksh1 billion land dispute against the estate of the late former President Daniel Arap Moi.
The case involved a 94-year-old woman named Susan Cherubet Chelugui and her son David K. Chelugui, who were embroiled in a legal tussle over a Ksh1 billion award.
Lawyer Ahmednassir and his client together with her family members. /AHMEDNASIR ABDULLAHI
The appeal was filed by Moi’s lawyer and estate administrator Senior Counsel Zehrabanu Janmohamed who challenged the compensation ordered by the High Court in 2019 for a 53-acre parcel of land in Eldoret.
Chief Justice Martha Koome affirmed that the ban on the renowned lawyer, alias 'Grand Mullah' was in place, stating that the court would recuse itself from the matter if he remained a counsel in the case.
Despite the ban, Ahmednasir joined the case in a non-representative capacity, a move that emphasizes his refusal to back down.
"I joined the Supreme Court proceedings on the "sidelines" this morning. I'm glad that Chief Justice Martha Koome, first gave my clients time to engage another lawyer and second to prioritise the hearing of the consolidated appeal due to the illness of Mama Cherubet Chelugui," Ahmednasir stated on X.
He pleaded with CJ Koome to expedite the hearing of the case before the health of his client deteriorated.
Mama Cherubet sued Moi for allegedly grabbing her land in the 1980s. She won damages but she is yet to receive the dues as directed by the court.
This compelled Ahmednassir to file a petition at the Supreme Court to help Mama Cherubet get her compensation.
"My oldest client, Mama Cherubet Chelugui (93 years old and strong) who is in a wheelchair, was airlifted from Eldoret to meet me in Nairobi. She won damages for Ksh1 billion-plus against H.E. Daniel Arap Moi in the High Court and the Court of Appeal.
"Moi grabbed her land in the 1980s. We are now in the Supreme against his estate. It's acting for "Davids" like Mama Cherubet that gives purpose to practising law," Ahmednassir argued back in May 2023.
The latest turn saw David faced with an unexpected dilemma and had requested more time from the court to decide on the way forward, particularly as his mother, Susan, was hospitalized and couldn’t attend the case.
The Supreme Court’s decision left the Chelugui family with the difficult choice of either finding a new lawyer or representing themselves.
The lawyer popularly known as 'Grand Mullah' thereafter issued two resolutions that he would honour amidst the active ban on him by the Supreme Court.
"Now that CJ Martha Koome today read the order of the Court where 6 judges recused themselves from the case I was to argue and further barring me from the court as long as they are members of the Court...I'm ready to MAKE PEACE with the court as follows:
"I will not take a brief or appear before the Supreme Court as long as CJ Koome, DCJ Mwilu, Smokin Wanja and Njoki are judges of the Supreme Court Kenya. I will come back to the Court (InshaAllah) if and when Justices Ibrahim, Lenaola, Ouko and other new members constitute a majority in the Supreme Court," he wrote.
Ahmednasir and his law firm's employees were banned by the apex court from filing cases before it on January 18, citing his "insensitivity and abusive arrogance" against the court.
He has since instructed his lawyers to file a petition in the East African Court of Justice at Arusha, Tanzania.
