LAWYERS UNHAPPY WITH CRITICISM DIRECTED ON COLLEAGUES BY SUPREME COURT JUDGES.

BY SAM ALFAN.

Lawyers have lashed out at the Supreme Court judges for berating senior advocates for commenting on the long-awaited BBI case when it was pending delivery of judgment.

In a decision made by Chief Justice Martha Koome, the top court singled out three advocates- Senior Counsel Ahmednasir Abdullahi, former LSK President Nelson Havi and Esther Ang’awa of commenting on the matter on social media, in a bid to influence the outcome of the case.

“For counsel to appear before the Apex court and then proceed to unnecessary insults and speculations on a pending judgment amount to unethical conduct on the part of the counsel,” CJ Koome said.

The CJ said advocates should display irreproachable professional conduct and exemplary service at all times, especially when has been conferred the title of ‘Senior Counsel’.

Ahmednasir later responded to the tongue-lashing by asking “surely why should CJ KOOME and the court be unhappy with this?”

Ahmednasir further said the free spirit to comment about “anything” is probably what annoyed CJ KOOME and her 6 colleagues in the Supreme Court…”but thousands of Kenyans died for the rest of us to talk freely and discuss politics and the politics of the law”.

Lawyer Omwanza Ombati added his voice saying the Supreme Court of Kenya is a public court and it belongs to the Kenyan people.

“The judges are just but mere instruments who serve for a time & exit, to be replaced by others, in course of time. As a public court, it must face criticism and harsh spotlight to remain accountable,” he said.

Havi on his part said, “If a Judge can be influenced or feel influenced to rule in a particular way because of a tweet, she/he has no business being on the Bench. Absolute tomfoolery.”

Another lawyer Mutichilo Mike supported the advocates saying the Supreme Court judges have a fragile ego “that they want to be massaged by litigants and lawyers, yet they churn out swamp rat jurisprudence…now how does one claim that the Basic Structure doctrine isn’t applicable to CoK10 because it’s not expressed in it?” he posed.

Lawyer Moses Chelanga joked that lawyers or public should comment on anything about the court including which judge forgot to wear his or her make up.

“So leave Nelson Havi and Ahmednasir alone… we do these things in public…Uhuru Park, church, bars and even that place that brings joy when Sabina isn’t present”, said Chelenga.

Another lawyer tweeted – “Senior ,I totally agree, the Apex Court has a fragile ego that they want to be massaged by litigants and lawyers ,yet they churn out swamp rat jurisprudence…now how does one claim that the Basic Structure doctrine isn’t applicable to CoK10 because it’s not expressed in it ?.

Commenting of the judgment, Ahmednasir who was among the lawyers condemned by the chief Justice, hailed Justice Koome.

He pointed out that in the whole judgement, Chief Justice Koome and Justice Mohammed Ibrahim were outstanding in their reasoning.

He added that Deputy Chief Justice Philomena Mwilu, Justice Smokin Wanjala and William Ouko and were also good.

However, the outspoken lawyer said Justice Isaac Lenaola was disappointing and that it was painful to listen to Judge Njoki Ndungu.