Tag: Supreme Court Kenya

  • Supreme Court Lifts Ban on Ahmednasir After Fiery Lawyer Pledges to End Attacks

    Supreme Court Lifts Ban on Ahmednasir After Fiery Lawyer Pledges to End Attacks

    The Supreme Court has lifted its unprecedented two-year ban on outspoken lawyer Ahmednasir Abdullahi, marking a dramatic end to one of the most bitter feuds between the judiciary and the legal fraternity in Kenya’s history.

    In a ruling delivered on Friday, January 23, 2026, a six-judge bench led by Chief Justice Martha Koome declared that the sanction imposed exactly two years earlier had “served its purpose” after the firebrand lawyer pledged to stop his relentless attacks on judges.

    The decision came after senior counsels Paul Muite and Fred Ngatia conveyed Ahmednasir’s remorse and commitment to reform, a significant shift for the lawyer who had previously vowed never to appear before the court “as long as CJ Koome, DCJ Mwilu, Smokin Wanja and Njoki are judges.”

    The ban, imposed on January 23, 2024, had sent shockwaves through the legal community. In an unprecedented move, the Supreme Court barred Ahmednasir, his law firm employees, and anyone acting on his instructions from appearing before it, citing his “relentless and unabashed” criticism of the judiciary through social media.

    “Ahmednasir Abdullahi, his Senior Counsel, shall have no audience before this Supreme Court, either by himself, through an employee of his law firm, or any other person holding his brief,” the original ban stated.

    The court had questioned how the lawyer could seek justice from an institution “whose reputation and integrity you never tire in assaulting.”

    The controversy escalated when Ahmednasir took to X, formerly Twitter, to outline his defiant conditions for returning to practice before the apex court. His scathing critiques of judges and allegations of corruption and incompetence sparked a bitter feud that spilled over to the Judicial Service Commission and even reached the East African Court of Justice.

    Several petitions were subsequently filed seeking the removal of Supreme Court judges, including Chief Justice Koome, with accusations of suppressing free speech and abusing judicial authority flying thick and fast.

    The turning point came during the court’s first sitting of the year, following a minute of silence for the late Justice Mohammed Ibrahim. What began as proceedings in a decades-old land dispute between the government and rancher Nguruman Limited quickly shifted focus when Muite and Ngatia made an oral plea for reconsideration.

    Ironically, Ahmednasir had previously represented Nguruman Limited at the Court of Appeal, where the company secured a staggering Sh17 billion compensation award over repeated land invasions.

    “The denial of audience has achieved its objective, and we pray that the order be vacated,” Muite told the court, revealing that discussions had been held with Ahmednasir about his conduct.

    Ngatia emphasized that two years had provided sufficient time for reflection. “Time enables introspection,” he stated, urging the court not to be “held hostage by past events.”

    The lawyers assured the judges that Ahmednasir’s future commentaries would be scholarly and respectful, a promise that drew cautious questioning from the bench.

    Justice Isaac Lenaola pressed for concrete assurances. “You are diplomatic but have not made a firm commitment,” he told Ngatia.

    Justice Njoki Ndung’u similarly sought clarity on whether Ahmednasir would uphold decorum in future statements.

    In response, Muite affirmed that firm commitments had been secured. “The Bar and bench collaborate in serving justice. Any commentary must recognise the decorum and dignity of judicial office,” he said.

    Ngatia went further, describing respect for the judiciary as an “irreducible minimum” and assuring the court that “this incident will not happen again.”

    Lawyer Dennis Ben Mosota, representing Nguruman Limited, described the ban as a “collective measure to uphold the court’s dignity” and confirmed Ahmednasir’s “genuine remorse.”

    Previous attempts to overturn the ban had failed on procedural grounds, while negotiations between the court and the Law Society of Kenya made little progress, making Friday’s ruling all the more significant.

    The lifting of the ban effectively ends a standoff that had divided opinion in legal circles, with some viewing it as necessary to maintain judicial dignity while others saw it as an affront to free speech and the right to criticize public institutions.

    For Ahmednasir, known as the “Grand Mullah” in legal circles, the ruling represents both a victory and a retreat. The lawyer built his reputation on fearless criticism of what he perceived as corruption and incompetence in the judiciary, but his return to the Supreme Court comes with strings attached.

    The question now is whether the controversial lawyer can maintain the scholarly and respectful discourse he has promised, or whether his trademark combative style will resurface. The legal fraternity will be watching closely as this new chapter unfolds in the relationship between one of Kenya’s most outspoken lawyers and the country’s highest court.

  • Kenya Supreme Court Recognizes Business Goodwill as Constitutional Property Right

    Kenya Supreme Court Recognizes Business Goodwill as Constitutional Property Right

    Kenya’s Supreme Court has issued a landmark ruling establishing that business goodwill constitutes a form of property protected under the country’s Constitution, marking a significant development in commercial law that could reshape how distribution agreements and business relationships are structured.

    The decision emerged from a dispute between Bavaria N.V., a beverage manufacturer, and Jovet (Kenya) Limited, which had been distributing Bavaria’s non-alcoholic beverages in Kenya through an informal arrangement with the manufacturer’s official Tanzanian distributor from 2006 to 2015.

    When Bavaria declined to renew its distribution agreement covering the Kenyan market in 2015, Jovet Kenya filed suit claiming it had developed substantial goodwill for Bavaria’s products through investments in warehouses, branded outlets, delivery trucks, marketing campaigns, and sales staff.

    The company argued these efforts gave it exclusive rights to continue distributing Bavaria’s products in Kenya.

    However, the Supreme Court upheld lower court rulings that dismissed Jovet Kenya’s claims, finding no direct contractual relationship existed between the company and Bavaria.

    Crucially, the court established that a sub-distributor cannot claim goodwill through a parent distributor without explicit provisions in the principal agreement.

    Despite ruling against Jovet Kenya, the Supreme Court took the significant step of clarifying goodwill’s legal status.

    The court determined that goodwill qualifies as constitutionally protected property when it is clearly identifiable and can be assigned a measurable value, either independently or alongside other business assets.

    This ruling transforms goodwill from a purely commercial concept into a constitutional property right under Article 40 of Kenya’s Constitution.

    Legal experts from Bowmans Kenya law firm, who analyzed the decision, note this elevation means interference with business goodwill could now be challenged as constitutional violations rather than merely commercial disputes.

    The decision carries broad implications for businesses operating in Kenya.

    Companies must now recognize that goodwill claims have constitutional dimensions, potentially making such disputes more complex and consequential.

    The ruling also underscores the critical importance of formalizing business relationships through clear written agreements, as the absence of direct contractual links can undermine goodwill claims.

    For distribution agreements specifically, the court’s emphasis on privity of contract means businesses should explicitly define the rights and obligations of all parties, including any sub-distributors or agents, and clearly outline provisions related to goodwill ownership and transferability.

    The Supreme Court’s decision builds on last year’s Court of Appeal ruling in Heineken East Africa Import Company Limited v. Maxam Limited, which first suggested that distributor investments could create protected goodwill rights.

    Together, these cases signal Kenya’s courts are increasingly willing to protect business investments and relationships, even in the absence of formal contractual arrangements.

    This development positions Kenya at the forefront of recognizing intangible business assets as constitutional property rights, potentially influencing commercial law development across East Africa and beyond.​​​​​​​​​​​​​​​​

  • Chief Justice Koome Faces Ouster in Explosive Scandal Over Biased Judge Picks!

    Chief Justice Koome Faces Ouster in Explosive Scandal Over Biased Judge Picks!

    Chief Justice Martha Koome is embroiled in fresh controversy after lawyer Nelson Havi filed a complaint with the Judicial Service Commission (JSC) seeking her removal from office over alleged misconduct in the assignment of judges to hear a case involving herself and other Supreme Court justices.

    The complaint, filed last Friday, accuses Koome of improperly selecting High Court judges with relatively limited experience to determine a case in which she is personally involved as a petitioner against the JSC.

    According to Havi, a former president of the Law Society of Kenya, the Chief Justice breached judicial protocol by assigning Justices Lawrence Mugambi and Bahati Mwamuye to an expanded three-judge bench tasked with hearing the case.

    Both judges were appointed to the High Court relatively recently in 2022 and 2024 respectively raising questions about their appointment to such a complex constitutional matter.

    “The gravity and weight of the claim in the petitions by judges of the Supreme Court required an expanded bench of experienced five or seven judges of diverse philosophies and manifesting the face of Kenya, not to forget gender balance,” Havi stated in his 17-page affidavit.

    Lawyer Nelson Havi.
    Lawyer Nelson Havi.

    Havi further alleged that Justice Koome should have delegated the duty of selecting judges for the case given her direct involvement as a party in the litigation, citing precedent set by former Chief Justice David Maraga who delegated similar responsibilities when faced with a comparable situation in 2021.

    The underlying case represents an extraordinary development in Kenya’s judicial history the entire seven-judge bench of the Supreme Court, including the Chief Justice herself, moved to court in February to challenge potential disciplinary proceedings initiated by the JSC.

    These proceedings stem from complaints filed last year by Havi and others regarding the Supreme Court’s controversial decision to ban prominent lawyer Ahmednasir Abdullahi and advocates from his law firm from appearing before the apex court.

    In her petition to the High Court, Justice Koome has argued that the potential removal of the entire Supreme Court bench could precipitate a constitutional crisis in Kenya.

    In his complaint, Havi also raised concerns about potential ethnic bias, noting that Justice Koome assigned Justice Mugambi to hear the matter despite both being from the same ethnic group and county.

    Havi drew parallels to the case of Derek Schofield, a former Kenyan High Court judge who was dismissed as Chief Justice of Gibraltar in the United Kingdom for allegedly instituting judicial review proceedings that he himself presided over.

    “The conduct of Ms. Koome is similar in all aspects to that of Justice Schofield before her,” Havi asserted, adding that the High Court lacks jurisdiction to “intervene or inquire into proprietary of hiring or removal of a Chief Justice and Deputy Chief Justice.”

    The JSC is now expected to consider and make a determination on Havi’s complaint.

    If found to have merit, it could potentially lead to formal proceedings for the removal of the Chief Justice under Article 168 of the Kenyan Constitution.

    This development comes as the latest twist in an ongoing power struggle between the JSC and the Supreme Court that has created significant tension within Kenya’s judicial system over the past several months.

  • Supreme Court Judge Accused in Ksh 6 Million Bribery Scandal

    Supreme Court Judge Accused in Ksh 6 Million Bribery Scandal

    Senior Counsel Ahmednasir Abdullahi alias Grand Mullah has dropped a bombshell claim by threatening to expose the details of what he claims is a brazen act of corruption involving a Supreme Court judge.

    Taking on X, Abdullahi alleges that the judge solicited a Ksh 6 million bribe to sway a Court of Appeal case, only to fail to deliver the promised outcome and then refuse to refund Ksh 4 million already paid.

    This explosive revelation has ignited fresh concerns about the integrity of Kenya’s apex court.

    According to Abdullahi, the scandal unfolded about a month ago when a lawyer and their client met with the unnamed Supreme Court judge.

    The trio discussed a pending case before a three-judge Court of Appeal bench, with judgment imminent.

    The judge allegedly boasted of their influence, claiming that two of the three appellate judges were “his/her judges” and could be swayed to deliver a favorable ruling.

    For this illicit service, the judge demanded Ksh 6 million, Ksh 4 million upfront as a deposit and Ksh 2 million upon delivery of the judgment.

    The lawyer and client, persuaded by the judge’s assurances, paid the Ksh 4 million deposit.

    However, the scheme unraveled when the Court of Appeal delivered its judgment days later, and the bribe-givers lost the case.

    Abdullahi claims the Supreme Court judge failed to “speak to” the two appellate judges as promised.

    Lawyer Ahmednasir’s Abdulahi.
    Lawyer Ahmednasir Abdulahi.

    Furious, they confronted the judge, demanding a refund of the Ksh 4 million. The judge allegedly refused to return the money.

    What followed was a tense standoff.

    Abdullahi says the lawyer and client, feeling defrauded, are now threatening to recover the funds “by force/physically.”

    The situation, he warns, is “about to escalate.”

    Abdullahi further claims he was approached to publicize the incident to pressure the judge into refunding the money.

    “Please judge, kindly refund the Ksh 4 million for many people know about the incident,” he wrote, suggesting a broader circle of insiders aware of the scandal.

    Abdullahi’s doesn’t stop at exposing the alleged corruption.

    He challenges Chief Justice Martha Koome and the Judicial Service Commission (JSC), offering to share “the details” of the incident if they demonstrate genuine commitment to tackling judicial corruption. “I’m sure CJ Koome is aware of this,” he asserts, suggesting the allegations may already be an open secret within judicial circles.

    This isn’t Abdullahi’s first clash with the Supreme Court.

    In January 2024, the court banned him and his law firm from appearing before it, citing his relentless criticism of its judges.

    Abdullahi, along with other prominent lawyers like Nelson Havi, has since led a vocal campaign against alleged corruption in the judiciary, accusing Koome and her colleagues of incompetence and misconduct.

    The ban prompted petitions to oust all seven Supreme Court judges, fueling a bitter feud that now finds fresh ammunition in this bribery saga.

    The allegations paint a troubling picture of a judiciary where justice is allegedly for sale, with judges wielding their influence improperly.

    The claim that a Supreme Court judge could confidently promise to influence a Court of Appeal ruling only to keep the payment without delivering raises serious questions about the integrity of Kenya’s legal system.

    If true, the incident suggests a potential network of complicity, with the judge’s reference to “my judges” hinting at deeper, systemic issues.

    Legal circles are now abuzz with speculation about the judge’s identity and the case in question.​​​​​​​​​​​​​​​​