Lawyer wants Ahmednasir struck off Roll of Advocates

May 24, 2016 4:13 pm
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Havi has accused him of "professional misconduct by using the JSC, the Judiciary and The Nairobi Law Monthly to pursue his personal agenda in the advancement of litigation in courts contrary to the Code of Ethics of Advocates/FILE
Havi has accused him of “professional misconduct by using the JSC, the Judiciary and The Nairobi Law Monthly to pursue his personal agenda in the advancement of litigation in courts contrary to the Code of Ethics of Advocates/FILE

, NAIROBI, Kenya, May 24 – Nairobi lawyer Nelson Havi has petitioned the Law society of Kenya (LSK) to remove lawyer Ahmednasir Abdullahi from the Roll of Advocates and as Senior Counsel.

He is accusing Abdullahi of professional misconduct over alleged influence of court decisions and using his position in the Judicial Service Commission for personal interests.

Havi has accused him of “professional misconduct by using the JSC, the Judiciary and The Nairobi Law Monthly to pursue his personal agenda in the advancement of litigation in courts contrary to the Code of Ethics of Advocates.”

The petitioner has further accused Abdullahi of breaching advocate-client trust and confidentiality.

He further claimed that the lawyer did not have qualification to serve as an advocate.

“Previous petitions filed against Abdullahi never saw the light of day. They were compromised by the Law Society of Kenya and the Judiciary through the Chief Justice and Chief Registrar of Judiciary,” the petition reads.
According to the petition, Abdullahi bribed two judges to rule in his favour on a fee dispute between him and the National Bank of Kenya (NBK) Ltd, a petition that had been filed by Leonard Kamweti Advocate and Michael Osundwa Advocate.

Havi alleges that the court ruled in favour of Abdullahi after he managed to influence the decision.

“The Disciplinary Committee summoned Ahmednasir to take plea on July 22, 2013. On June 18, 2013, Ahmednasir commenced a scheme to compromise the complaint. He used G.N Thuku. He also used Eric Mutua, Apollo Mboya and Mercy Wambua. He also used Mohammed Adbirahman and Munir Sheikh at NBK Ltd.”

The petitioner further alleged that Abdullahi applied the same tactics to manipulate LSK to appoint him Senior Counsel on June 4, 2013, a position that was used to dismiss Kamweti’s petition.

“Issa and Company Advocates for Ahmednasir relied upon the appointment to knock off the complaint at the Advocates Complaints Commission.”

Abdullahi is further alleged to have forged a signature on his Certificate of Pupilage but bribed the petitioner to withdraw the complaint.
Havi further alleges that the lawyer has acted in pretence of being an advocate.

“Section 13 1(b) (i) of the Advocates Act, pre-conditions one’s admission as an advocate to attendance as a pupil for a period which in the aggregate does not exceed 18 months, before an advocate of over five years standing. Compliance is established through a Certificate of Completion of Pupilage filed together with the Petition for Admission,” Havi stated in his affidavit.

He further alleges that Abdullahi lied to have been late Peter Simani’s student in 1992, yet at the time “the late Simani was not an advocate or a practising advocate between 1st January, 1991 and 24th April, 1993.”

“The documents and information referred to hereinabove confirm that Mr Ahmednasir never undertook pupilage under the late Mr. Simani and that the Certificate of Completion of Pupilage dated 30th November, 1992 claimed to have been signed by the late Mr Simani is invalid,” he stated.

The petitioner said despite other complaints lodged about the forged Certificate of Pupilage, the allegation remained concealed by the Chief Justice and others.

Havi further alleged that the respondent used his position to influence appointment of Chief Justice Willy Mutunga and firing and hiring of judges.

“Mr Ahmednasir proceeded to use his position at the JSC to influence and procure the appointment of Dr Willy Mutunga as Chief Justice and President of the Supreme Court. He influenced the firing and hiring of several Judges and exerted absolute control over the CJ, JSC and the Judiciary, punishing and rewarding the appointees as the case was.”

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