Senior counsel Ahmednasir Abdullahi has turned down overtures by the Judiciary to address concerns of corruption in courts involving a number of judges.
Mr Abdullahi, in a post on his X account, declined an invite by Chief Justice Martha Koome, asking him to cooperate with the Judicial Service Commission to address the corruption allegations in court.
The lawyer, instead, said that he would only accept the invite, if investigations into the allegations of graft also touch on judges of the Supreme Court and the CJ.
“I will not cooperate!!! I will only cooperate if the investigation also touches on the seven judges (or at least 4) of the Supreme Court…including CJ Koome. That is the only time I will share all my classified files on JurisPESA,” Mr Abdullahi said.
CJ Koome, had in a statement issued on Monday evening, asked Mr Abdullahi to cooperate with an investigation team from the JSC to give evidence on his allegations of corruption in the Judiciary, including the names of judges and judicial officers involved.
The CJ, while responding to a letter written by Prof PLO Lumumba calling for action to address the corruption allegations in courts, said that no evidence had been tabled regarding the claims, including the officers involved.
Instead, she asked Mr Abdullahi to work with a team from the JSC to provide the specifics of the allegations to allow an investigation and action on the matter.
“I ask Ahmednasir Abdullahi, SC to cooperate with the officers from the JSC if indeed the allegations are made in good faith and with a view to ensuring that the Judiciary operates in an open and transparent manner for the benefit of all Kenyans,” CJ Koome said.
“The secretary of the commission will continuously inform the public on the progress made in this regard while providing monthly updates on the status of complaint before the JSC,” she added.
Prof Lumumba had in his letter, raised concerns regarding the growing concerns of corruption in courts, arguing that many Kenyans had lost faith in the Judiciary.
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The lawyer also noted that the concerns and allegations made by Mr Abdullahi were weighty and required proper investigations and action both by the CJ and the JSC.
“Your ladyship, what concerns me most is what my learned friend Mr Ahmednasir Abdullahi, SC is on record as having stated concerning judicial officers who are allegedly receiving money or other inducements as a condition precedent to offering favourable decisions to litigants. Mr Ahmednasir Abdullahi has called the practice Juripesa,” Prof Lumumba said.
“Your ladyship, the time to act through the Judicial Service Commission is now. The allegations in the public domain can no longer be pooh poohed,” he added.
Mr Abdullahi who was in January this year banned from appearing before the Supreme Court over his constant criticism of the Judiciary, has been vocal about the rising cases of graft in courts, which he says has eroded public faith and trust in courts.
The court also banned representatives of Mr Abdullahi as well as his associates from ever appearing before it.
In her letter on Monday, CJ Koome noted that she had forwarded concerns raised by Mr Abdullahi and Prof Lumumba to multiple investigative agencies, including the National Intelligence Service (NIS), the Inspector General of Police, the Directorate of Criminal Investigations (DCI), and the Ethics and Anti-Corruption Commission (EACC).
She said that the move seeks to ensure in-depth investigations and pave the way for constitutional and legal provisions.
The CJ also noted that she will convene a high-level consultative meeting to discuss persistent concerns about judicial integrity, in response to Prof Lumumba’s request for dialogue.
The meeting will bring together key stakeholders, including the President of the Law Society of Kenya (LSK) and its council, the Chairperson of the Senior Counsel Bar, members of the Senior Counsel Bar, Heads of Courts, and members of the JSC.
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