NAIROBI,Kenya,Apr, 1 – While issuing her verdict of the Building Bridges Initiate (BBI) constitutional amendment process, chief justice Martha Koome faulted lawyer Ahmednasir Abdullah, Nelson Havi and Esther Ang’awa for what she termed as ‘attempts to influence the outcome of the ruling through the social media posts.
Koome observed that some of the comments issued by the lawyers bordered on ‘intimidation’.
“The contents of those social media commentaries were, in our view, meant to influence, intimidate or scandalise the court,” said Koome.
The chief justice further warned that if the practice goes unchecked, then it would erode the confidence and dignity of the courts.
“It would also amount to unprofessional conduct, especially by counsels appearing in this matter, and even counsels who are not in this matter. They, however, know very well that they cannot comment on a matter that is pending judgement,”
The three lawyers are said to have made public their tweets regarding the matter on February 15 and 19,2022.
“For a counsel to appear before the apex court, then proceed to hull unnecessary insults and speculations on a pending judgement, amounts to unethical conduct on the acts of the counsels,” she said further stating that, “Ahmednasir Abdullahi, who was not a counsel appearing in this [BBI appeal] matter, took the lead-role in disparaging the court as evidenced from his posts on Twitter on February 8, 2022, February 15, 2022, and even as late as yesterday (March 30, 2022,”.
Senior counsel Abdullah however in a tweet asked why the CJ would be unhappy with what he posted on his twitter page as he challenged colleagues to,write a s”scholarly paper on this old but topical issue.”
Koome further continued to note that the lawyers had a moral and ethical responsibility since what they said was tantamount professional misconduct.
“The title senior counsel is conferred on the basis of irreproachable professional conduct and exemplary service to the legal and public service in Kenya. These standards are expected to continue, even after conferment of the rank of Senior Counsel.
“Advocates should familiarise themselves with the code of standards of professional practice and ethical conduct, and strive to conduct themselves in a manner that preserves and strengthens the dignity, honour and ethics of the profession. Advocates should refrain from conduct that amounts to indirectly attempting to influence decisions before court,” she said.
The immediate former president of the Law Society of Kenya (LSK) Nelson Havi said that he would issue a comprehensive statement upon reading the judgement of the chief justice while saying that what he tweeted,as well as his colleagues did not amount to professional misconduct.
He further faulted the CJ for suppressing freedom of speech and objective criticism of the court.
The quest to amend Kenya’s 2010 constitution came to a brutal halt on Thursday, after a majority of Supreme Court Judge’s declared the Building Bridges Initiative constitutional amendment process unlawful.
The 7-judge bench narrowed its BBI appeal ruling on 7 areas that included basic structure doctrine, whether the President can initiate a popular initiative, creation of 70 new constituencies, whether the President can be sued, public participation, whether the Independent Electoral and Boundaries Commission (IEBC) was properly constituted and the referendum questions.
The bench comprised Chief Justice Martha Koome, Deputy Chief Justice Philomena Mwilu, Mohamed Ibrahim, Smokin Wanjala, Njoki Ndung’u, Isaac Lenaola, and William Ouko.
The majority of the Supreme Court Judges found that President Uhuru Kenyatta and former Prime Minister Raila Odinga led initiative was unconstitutionally initiated.
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