Chief Justice Martha Koome has castigated lawyers Nelson Havi, Esther Ang’awa and Ahmednassir Abdullai for commenting about the BBI case on social media while the court was still in session.Speaking before issuing the final verdict on the contentious case on Thursday at the Supreme Court where they declared BBI unconstitutional, CJ Koome said the lawyers’ behaviour was meant to intimidate and scandalize the court’s judgement on the matter.
“In the course of writing this judgement, the court observed with concern of commentaries on the pending judgement carried out on social media by some council some of whom are appearing in this matter,” said the CJ.
“Counsel Mr. Nelson Havi and Ms. Esther Ang’awa who appeared for the first and fifth respondents took to Twitter on different occasions on 19th February and February 15, 2022 and they cast aspersions on the court,” said CJ Koome.
“Equally culpable is the conduct of SC Ahmednassir Abdullai, who though not appearing in this matter, took a lead role in disparaging the court as evident from his posts on Twitter on February 8, 2022, February 15, 2022 and even as late as yesterday, March 29, 2022.”
The President of the Supreme Court said their views were meant to “intimidate and scandalize the judgement of the court” saying that unless the practise is checked, it “will erode the confidence and the dignity of the court.”
While condemning the tweets as unethical and unprofessional, the Supreme Court President warned the lawyers that they are still bound by the Advocates Act even after being conferred the Senior Counsel title.
“For counsel to appear before the Apex court and then proceed to unnecessary insults and speculations on a pending judgment amount to unethical conduct on the part of the counsel,” noted CJ Koome.
“Section 19 of the Advocates act envisages the rank and dignity of senior counsel conferred on the basis on irreproachable professional conduct and exemplary service to the legal and public service in Kenya. These standards are expected to continue even after conferment of the rank of senior counsel.”
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