Ahmednasir To Skip Defence Of Ruto's Win At Supreme Court

Many Kenyans had expressed high anticipation of the constitutional lawyer to represent the Kenya Kwanza faction as he has acted in two presidential election petitions.

Ahmednasir To Skip Defence Of Ruto's Win At Supreme Court
Lawyer Ahmednasir Abdullahi alias

Senior Counsel Ahmednasir Abdullahi revealed on Sunday, August 21 that he will miss representing President-elect, William Ruto at the Supreme Court of Kenya where Raila Odinga is expected to file his petition challenging the results of the presidential election.

Many Kenyans had expressed high anticipation of the constitutional lawyer to represent the Kenya Kwanza faction as he has acted in two presidential election petitions.

In a statement, however, the lawyer, also known as the Grand Mullah, explained that there would be a conflict of interest in representing Ruto, having acted for President Uhuru Kenyatta in the 2017 petition.

Senior Counsel Ahmednasir Abdullahi. /THE STAR

"I want but I can't act for President Elect Ruto in the Supreme Court. I'm conflicted.

"In 2017 I acted for outgoing President Uhuru against Hon Raila. Now that Uhuru's project (Hon Raila) is challenging Ruto's victory obviously Uhuru will object and raise clients-Advocate privilege," he tweeted.

Various media reports had revealed that Ahmednasir would be included in Ruto's team. Others included Kithure Kindiki, Nelson Havi, Kioko Kilukumi, Katwa Kigen and Muthomi Thiankolu.

However, the lawyer did promise to keep Kenyans up to date with the proceedings, pointing out the strengths and weaknesses of the former Prime Minister's petition and predicting the final decision.

"Starting tomorrow, I will run a Twitter commentary on the Supreme Court petition that will be filed by Hon Raila.

"I will appraise the strength and weaknesses of the case, the responses by the respondents & jurisprudential clues we should look for from the seven judges. I will predict the decision," he added.

The High Court had thrown away a decision by the Supreme Court that bars lawyers from making comments on a presidential election petition while it is still being heard. 

Justice Mugure Thande ruled that the Supreme Court (Presidential Election Petition Amendment Rules) 2022 are declared unconstitutional for not adhering to Public Participation requirements and for usurpation of the authority of Parliament. 

Chief Justice Martha Koome had changed the rules that govern proceedings of the Supreme Court to block lawyers and litigants from making comments on a presidential election petition.

The amended rules saw her ban litigants, their advocates and agents from expressing their opinions or predicting the outcome of a case involving the election of the President.

“Upon commencement of the hearing of the petition by the court, litigants, their advocates and advocates’ agents shall refrain from expressing their opinion on merit, demerit or predict the outcome of the petition in any manner that would prejudice or impede court proceedings, until judgment is delivered,” read the rule.

A breach of the direction would have amounted to contempt of court, meaning those found culpable of breaching the rule would have been punished.

Chief Justice Martha Koome. /FILE