Chief Justice Martha Koome and six other judges of the Supreme Court have requested the High Court to dismiss the controversial lawyer Ahmednassir Abdullahi’s case challenging a ban on him presenting cases before them.

Chief Justice Koome, Deputy Chief Justice Philomena Mwilu, Justices Mohammed Ibrahim, Smokin Wanjala, Njoki Ndung’u, Isaac Lenaola, and William Ouko told Justice Enock Chacha Mwita that “legally, the High Court cannot question the decisions of the Supreme Court.”

Through their lawyers Ochieng Oduol and Kamau Karori, the seven judges who were sued by the Law Society of Kenya (LSK) stated that their decision to bar Mr. Abdullahi or his law firm from presenting cases before them “cannot be overturned by the High Court.”

In their submissions on Friday before Justice Mwita, Mr. Oduol and Mr. Karori said “the decisions of the Supreme Court will set a precedent for all other courts in the country, and that the High Court has no legal authority to question any decision of the Supreme Court.”

The lawyers representing the seven judges told Justice Mwita that he must dismiss the LSK’s case.

In January 2024, the Registrar of the Supreme Court, Mrs. L. M. Wachira, wrote to Mr. Abdullahi, informing him that neither he nor any lawyer from his office should file any case in the Supreme Court due to what they described as his disrespectful remarks about them over the years.

As a result of his conduct, the court banned him from presenting cases before them.

However, lawyers Issa Mansur and Wilfred Nderitu disagreed with lawyers Oduol and Karori, saying the High Court has the authority to question decisions of the Supreme Court.

Mr. Mansur argued that the legal immunity of Supreme Court judges can be questioned by the High Court, which he said has inherent authority.

He stated that the seven judges should not use the law as a shield to undermine Mr. Abdullahi’s rights and those of his law firm.

The lawyer requested Justice Mwita to dismiss the application of the seven judges and to order that the case filed against them by the LSK be heard and determined.

Justice Mwita will give a ruling on whether the LSK’s case to overturn the ban on Abdullahi has legal merit on June 21, 2024.