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Republic v. Ahmad Abolfathi Mohammed & Sayed Mansour Mousavi

(2019) JELR 95247 (SC)

Supreme Court  •  Petition 39 of 2018  •  15 Mar 2019  •  Kenya

Coram
David Kenani Maraga, Jackton Boma Ojwang, Isaac Lenaola, Mohammed Khadhar Ibrahim, Smokin C Wanjala, Susanna Njoki Ndungu

Judgement

RULING OF THE COURT

A. INTRODUCTION

[1] The governing principle stated herein runs in attendance upon the Judgment of this Court flagged up in the heading. The judicial task of hearing counsel and deliberating upon the relevant issues, was beleaguered by scenarios of conduct bordering on contempt, which this Court must signal, reprimand, and for the future, prescribe lines to be adhered to by any Advocate canvassing his or her client’s case.

B. COUNSEL’S PRONOUNCEMENTS, WRITTEN AND ORAL

[2] Senior Counsel Mr. Ahmednassir Abdullahi, in his written submissions of 10 December, 2018 (paragraphs 1-15), did make highly disparaging remarks about this Supreme Court. The following excerpts are notable in that respect:

(i) “1. My Lords and my lady, let us make it clear from the onset that the respondents refuse to submit or recognise the jurisdiction of this Court. This Court is exercising illegitimate political power without any lawful jurisdiction over the respondents. Moreover, this case is a cle…

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