Exactly two years ago, on January 23, 2024, the Supreme of Kenya UNFAIRLY and
WITHOUT ANY JUSTIFIABLE CAUSE banned me, my partners and associates in our law
firm from appearing before the Court. Today, the Supreme lifted/vacated the said order. I
write this in response to today’s ruling.
1. I thank my learned friends Paul Muite SC, Fred Ngatia SC and Dennis Mosota for the
initiative they took in bringing this matter to end. The professionalism they exhibited and
their sacrifice is commendable.
2. I thank members of the Court in realising the unfairness of their action and commend them further for realising that they overreached themselves in banning my partners and associates for no reason at all.
3. My difference with the court has never been personal. My difference with the court is
principled, ideological and doctrinal. That difference remains and cannot be resolved by the mere lifting of the ban. That difference can only be resolved by deep institutional reforms. I note with disappointment that the court made no promise in that regard in today’s ruling.
4. Lastly, whereas my partners and associates are now free to practice before the court, I want make it clear that I have decided NOT TO PRACTICE before the court unless and until the court takes the following steps/initiatives:
(a) The Court must admit that it was wrong in banning myself, our partners and associates. I cannot go back a court where seven men and women can decide who practices before it, the Constitution of Kenya notwithstanding. The court has become the personal property of a mere seven judges.
(b) The court must address the grievances I raised against it. As I said, the Supreme Court
faces weighty accusations I made against it. These enormous issues of integrity and
competence cannot be swept under the carpet. These are issues that cannot be wished away by merely lifting the ban.
These issues must be addressed so that the integrity and prestige of the court is restored. We need to make the Supreme Court of Kenya GREAT AGAIN. The legitimacy crisis/deficit the court suffers and which I highlighted severely persists and remains unresolved.
(c) If I go back to practice before the Supreme Court who is left to fight against JurisPESA in our courts? Who will speak against the vices of the Supreme Court and other courts? Judges will have a field day! I have elected to fight JurisPESA in courts and refuse to go back to the Supreme Court if that is the sacrifice I have to make.
We have few lawyers who can openly speak againt the trade of JurisPESA in our courts
(@NelsonHavi is an exception). If I join the status quo prevailing in the legal profession, who is left? I must continue to led the HIJAD against JurisPESA judges. This is a personal
sacrifice I make for Kenyans and will continue to wage the war against JurisPESA judges.
The lifting of the ban is an appeasement ploy I refuse to accept.
Lastly, I would like to inform the Hon Chief Justice Martha Koome that in light of my
experience and record as former Chairman of the Law Society of Kenya and a former
member of the Judicial Service Commission, I am at her service, ready to help if and when
she decides to REFORM the courts and FIGHT JurisPESA judges… Madam CJ, MIMI NIKO
READY. ARE YOU?
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