JudiciarySeeking for Criminal Sanctions Against Ahmednasir

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The Judiciary has escalated its ongoing conflict with prominent lawyer Ahmednasir Abdullahi, urging the Director of Public Prosecutions (DPP), Renson Ingonga, to investigate and press criminal charges against him over his persistent online attacks alleging corruption within the Supreme Court. The move marks a significant shift, as the Judiciary turns to criminal law to address what it describes as Abdullahi’s “habitual” conduct that has “crossed the line of criminality.”

In a letter penned by the Registrar of the Judiciary, who also serves as the secretary to the Judicial Service Commission (JSC), the Judiciary accused Abdullahi of undermining public confidence in the courts through his social media posts. The letter highlights a pattern of behavior that the Judiciary claims amounts to a crime under Kenyan law, specifically targeting Abdullahi’s repeated allegations of corruption and incompetence against the Supreme Court and its leadership.

The escalation follows a series of confrontations between Abdullahi and the Judiciary. On 18th January 2024, the Supreme Court, led by Chief Justice Martha Koome, issued a permanent ban on Abdullahi, his law firm, and its associates from appearing before the court. The seven-judge bench, including Deputy Chief Justice Philomena Mwilu and Justices Isaac Lenaola, Smokin Wanjala, Njoki Ndung’u, Mohamed Ibrahim, and William Ouko, cited Abdullahi’s “relentless attacks” on the court’s integrity as the basis for the unprecedented ban. The court stated that his actions, including accusations of bribery and bias, were unacceptable and eroded public trust in the judicial system.

Abdullahi, a Senior Counsel known for representing high-profile clients, responded defiantly on X, dismissing the Judiciary’s call for prosecution. He argued that it is not his criticism but the “incompetent and corrupt leadership of the judiciary” that undermines public confidence. In one post, he claimed the amount allegedly demanded in a bribery scandal had risen from Sh4 million to Sh6 million, further intensifying his accusations against the Judiciary’s leadership.

The Judiciary’s letter to the DPP emphasizes that Abdullahi’s conduct has persisted despite previous warnings. As early as 2018, the Supreme Court cautioned him over inflammatory remarks made during a case involving two Iranian terror suspects, where he referred to the judges as “headless chickens.” Similar rebukes followed in 2019 and 2022 during the high-profile BBI case, where the court condemned his disparaging social media comments as “disgraceful and reprehensible.”

The call for criminal sanctions comes amid other legal challenges facing Abdullahi. Two lawyers, Paul Kiragu and John Njomo, petitioned the Law Society of Kenya (LSK) in January 2025 to strip Abdullahi of his Senior Counsel title, citing professional misconduct and defamatory statements. They argued that his actions discredit the dignity of the legal profession. Additionally, Abdullahi faces a tribunal over allegations of soliciting a Sh100 million bribe in a property suit, as claimed by businesswoman Rose Mbithe.

Abdullahi has not remained silent in the face of these challenges. His law firm, Ahmednasir Abdullahi LLP, alongside 11 associates, has sued the Supreme Court judges, arguing that the ban is an unlawful administrative decision that lacks legitimacy. The case, currently before the High Court, has sparked debate over judicial independence and the limits of free speech. The Law Society of Kenya has also criticized the ban as unconstitutional, demanding its retraction.

The ongoing feud has broader implications for Kenya’s legal landscape, raising questions about the balance between free expression and the protection of judicial integrity. Abdullahi’s supporters argue that his criticism highlights genuine concerns about corruption, while his detractors, including the Judiciary, contend that his remarks are reckless and damaging.

As the DPP considers the Judiciary’s request, the nation watches closely to see whether this high-stakes legal battle will result in criminal charges against one of Kenya’s most prominent lawyers or further fuel the debate over judicial accountability.