The Judiciary has called upon the Director of Public Prosecutions (ODPP) to call for investigations into the conduct of Senior Counsel Ahmednasir Abdullahi whom the institution alleges has consistently been disparaging the Judiciary.
Judiciary Spokesperson Paul Ndemo, said the Senior Council’s sensational allegations of judicial corruption relentlessly done through social media posts over the past months on baseless claims have also been disparaging to the Judiciary leader and judges.
Ndemo said, “Ahmednasir has made sensational allegations but he has declined to name the concerned judges or to table a formal complaint with evidence to the Judicial Service Commission or other law enforcement agencies.”
“We therefore reiterate our call to the Director of Public Prosecutions to take appropriate action within his constitutional mandate,” urged the Spokesperson.
The spokesperson who was issuing a press statement at the Supreme Court Building on Tuesday reiterated the judiciary’s openness to scrutiny and willingness to be held to account, saying that the institution has consistently urged persons with credible complaints of misconduct to present it for processing through appropriate channels.
“Despite these calls, Senior Counsel Ahmednasir has resorted to a campaign 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,” said Ndemo.
“He is simply besmirching the reputation of the Judiciary and its leadership for his own undisclosed ends,” remarked the spokesperson.
Ndemo described Ahmednasir’s conduct as not only unbecoming and unprofessional of an advocate with the status of senior counsel but also a behaviour that potentially serves to erode public confidence in the Judiciary.
He said the conduct undermines the rule of law which is one of the ideals upon which the country’s constitutional democracy is founded.
Ndemo said the judiciary has respect for the freedom of speech which is constitutionally guaranteed, but there are limits to this freedom, and it cannot be abused in a manner that stokes public mistrust in the judicial system; hence, free speech must be exercised responsibly.
“Kenya is greater than any single individual. No one is above the law. No one should be allowed to parade their impunity and mock the very Constitution that holds the fabric of this country together,” he remarked.
Ndemo said judges, judicial officers and staff work under extremely difficult and constrained environments in order to deliver on the constitutional promise, a need that requires the judiciary to be jealously defended and supported by all well-meaning people.
He said Kenyans should not be reminded of what can happen when the general populace loses confidence in the court system, noting the country has gone through a traumatizing moment in its history due to mistrust in the judicial system, and allegations that can return the country back to such painful moments should not be taken lightly.
The Judiciary also urges the leadership of the Law Society of Kenya and the Senior Counsel Bar to take the necessary actions as it is within their respective mandates in order to restore the dignity of the Bar and the legal profession and to retain the respect and trust that they ought to have for each other and from the public.
By Daniel Kamau and Victor Kiplagat
