Petition for removal of Ahmednasir Abdullahi Maalim from Roll of Advocates and Roll of Senior Counsel
By Kiplangat Abraham Mutai
Ladies and gentlemen, much has been said about Senior counsel Ahmednasir, many people hate him and still others love him in equal measure. We have done several stories before with regards to his behavior and of course his conduct. What captured my attention is the recent petition done by a group better known as #OkoaJudiciary which has filed several other petitions.
This petition is vital because we have seen before various people testify that indeed Ahmednasir forged his certificate of pupilage. I have tweeted before and even done several blog posts on this issue and today I wish to delve into this issue with full temetry that it requires.
Earlier on 23rd May, 2016, #Okoajudiciary filed a Petition for the removal of Ahmednasir from Roll of Advocates and Senior Counsel. According to procedure of removal of a senior counsel, the Petition shall be heard by a Committee of 3 members to be appointed by the Chief Justice (“CJ”). The Committee of 3 shall consist of the Attorney General (“AG”) or the Solicitor General (“SG”) and 2 Senior Counsel. The AG or SG shall be Chair of the Committee of 3. The Secretary to the Disciplinary Committee (“DC”) shall perform the duties of Secretary to the Committee of 3. These are the requirements of Section 19 of the Advocates Act. Ahmednasir is a Senior Counsel and can only be tried by the Committee of 3.
Indeed there are various previous Petitions filed against Ahmednasir that never saw the light of day. They were compromised by the Law Society of Kenya (“LSK”) and the Judiciary through the CJ and Chief Registrar of Judiciary (“CRJ”). These Petitions were filed by Leonard Kamweti Advocate and Michael Osundwa Advocate.
Maybe we should be asking what really happened to this petitions. In my subsequent follow up on this case I will detail these two other petitions and exactly what happened to them.
Kamweti’s complaint related to Ahmednasir’s the legal opinion to 2 Judges, to influence their decision. He sought to have the 2 Judges rule in his favour, on a fee dispute between him and NBK Ltd. NBK Ltd through Kamweti filed a complaint with LSK on 16th September, 2010. The DC notified Ahmednasir of the complaint on 5th June, 2013.
The DC summoned Ahmednasir to take plea on 22nd July, 2013. Allegedly On 18th June, 2013, Ahmednasir commenced a scheme to compromise the complaint. It is believed that he used G.N. Thuku, State Counsel working at the Advocates Complaints Commission. Intelligence also alleges that he also, used Eric Mutua, Apollo Mboya and Mercy Wambua at LSK. He as well, used Mohammed Abdirahman and Munir Sheikh at NBK Ltd. He succeeded in having NBK Ltd “withdraw” Kamweti’s complaint.
NBK has since gone through some rough course including almost shutting down.
Ahmednasir used LSK to appoint him Senior Counsel on 4th June, 2013. Issa & Company Advocates for Ahmednasir relied upon the appointment to knock off the complaint at the Advocates Complaints Commission. Kamweti’s plea to the Court was thwarted for the reason that Ahmednasir is Senior Counsel. A private prosecution against Abdirahman and Munir was thwarted by Mutuko Magistrate.
Indeed the grip he has on our judiciary must be so tight!
On 19th August, 2015, Kamweti petitioned LSK to form a Committee of 3 members. LSK through Mutua, Apollo and Wambua suppressed the complaint. It has not been acted upon to date.
Osundwa’s complaint was lodged with LSK and DC together with Bryan Yongo’s on 7th May, 2012. Ahmednasir was accused of forgery of the late Simani’s signature on his Certificate of Pupilage. On 15th May, 2012, LSK through Apollo asked Ahmednasir to respond to the complaint within 14 days. Ahmednasir bribed Yongo to withdraw the complaint. On 25th May, 2012, Osundwa protested the purported withdrawal. Osundwa also, asked CRJ for a copy of the forged Certificate of Pupilage.
On 11th June, 2012, Apollo suppressed the complaint by diverting attention elsewhere. He asked Osundwa to pursue Yongo for perjury. Osundwa voiced his lamentations to LSK on 12th June, 2012 and demanded action by LSK.
On 12th July, 2012, Havi (a lawyer based in Nairobi who has as well seen his fair share of confrontation with Ahmednasir) acting for Osundwa, asked Mutunga to intervene and direct the release of the forged Certificate of Pupillage.
Ahmednasir did not honour his bribe to Yongo. On 3rd July, 2012, Yongo reinstated the “withdrawn” complaint. He made it clear that the bribe had not been paid by Ahmednasir.
On 18th July, 2012, Apollo confirmed to Havi that the late Simani had no Practising Certificate for 1992. That is the year Ahmednasir falsely claimed to have been the late Simani’s Pupil. Apollo’s letter was copied to the CRJ who deals with the issuance of Practising Certificates.
On 23rd July, 2012, Mutunga demanded to know from Havi the source of authority to direct the release of the forged Certificate of Pupilage. On 25th July, 2012, Havi notified Mutunga of the source of authority. On 31st July, 2012, Mutunga notified Havi that the CRJ had responded to his request. That was not true, as the CRJ had not responded to Havi. On 8th August, 2012, Havi asked the CRJ to respond as indicated by Mutunga. The CRJ and Mutunga never acted. They suppressed and concealed information on the forged Certificate of Pupilage.
A letter dated 27th April, 2016 by Wambua of LSK confirms that LSK and Apollo suppressed Osundwa/Yongo’s complaint. Wambua falsely claims that the matter was handled by LSK Council. It has transpired that Apollo secretly communicated with the late Simani and Ahmednasir. Apollo turned the complaint to one of perjury against Yongo. On 4th July, 2012 Apollo falsely notified the late Simani that the entire complaint had been withdrawn. LSK Council members confirm that the issue was never brought before the Council.
On 16th July, 2012, Apollo and Ahmednasir procured the late Simani to falsely suggest that he was the latter’s Pupil Master. The two procured the late Simani to falsely state he may have signed the Certificate of Pupilage. Apollo wrote to the late Simani on 3rd August, 2012, forwarding the forged Certificate of Pupilage. This was after the late Simani had purportedly, confirmed in his letter of 16th July, 2012 that he may have signed the Certificate which he had not seen. There is no indication from LSK on the late Simani’s comments after seeing the forged Certificate of Pupilage. Evidently LSK and CRJ suppressed the complaints of Osundwa and Yongo through Mutunga, Mutua, Apollo and Wambua.
A cursory look at the late Simani’s signature on the Certificate of Pupilage and his signature on other documents signed by him Pupilage at that time, suggest a forgery. From our sources I have learnt that Amadi has denied the Directorate of Criminal Investigations access to the original documents for forensic examination. It is very clear that Ahmednasir and Tobiko are working behind the scenes to suppress the criminal investigations. Why conceal the documents if they are not forgeries?
We wait to see how LSK and Mutunga deal with the current complaint.
Meanwhile I will be bringing you the Yongo affidavit in my next article and as well details on the case as it unfolds.