The
Supreme Court has issued a stern warning to Senior Counsel Ahmednassir
Abdullahi following his disparaging remarks on how they handled the case
against two Iranians convicted of terror charges.
When the case was last heard in December last year, the lawyer
accused the court of behaving like headless chicken and lacking
impartiality in the case.
Ahmednassir said the court was exercising illegitimate political
power over the two Iranians who were acquitted by the Court of Appeal
and that there is a moral and ethical dilemma whenever he appeared
before them.
In a ruling read by Justice Jackton Ojwang', the Supreme Court said
willful insults directed at a judge during trial are prohibited. The
judges were making decision in a matter involving two Iranian terror
suspects.
They upheld the conviction of the terror suspects.
This means the Iranians who were initially sent to jail for 15 years
will go back to Kamiti Prison to complete the remaining 10 years before
they are deported.
Chief
Justice David Maraga, judges Isaac Lenaola, Njoki Ndung'u and Jacton
Ojwang' agreed that the sentence was rightful. Judges Mohammed Ibrahim
and Smokin Wanjala dissented. The two said the circumstantial evidence
was not sufficient to warrant their sentencing.
Ojwang' said Ahmednassir conducted himself in a disgraceful manner and was disrespectful to the authority of the court.
"It
baffled our mind how a senior counsel like Ahmednassir seeking justice
for his clients before this court would address the bench in such terms.
His remarks were clearly intended to cast aspersions on this court and
taint credibility," they said.
Yesterday, the court observed that
advocates are obliged to observe rules of their professionalism and as
an officer of the court, Ahmednassir owes allegiance to the course of
justice and truth.
As a result, the Supreme court expunged the
offending paragraphs and said they will not remain as part of record of
the Supreme Court.
They said lawyers shall not engage in such
conduct and in the future they will occasion contempt of court
proceedings with ineligible consequences.
Ojwang' said the Supreme
Court shall have same power as the High Court to punish any persons in
contempt of court. And any advocate found to assault, threatens,
intimidates or willfully insults a judge of the highest court during a
sitting or attendance will be sentenced to imprisonment for a period not
exceeding five days, or to pay a fine not exceeding Sh500,000, or both,
for every offence.
THE STAR
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