Ahmednasir Abdullahi SC Profile picture
Constitutional Lawyer, Senior Counsel. Publisher of the Nairobi Law Monthly @NLM_magazine
Orderflowtradr Profile picture Emily Profile picture 2 subscribed
Jan 30, 2023 5 tweets 2 min read
I have told President @WilliamsRuto endlessly that Kenya's problem is a LAW AND ORDER PROBLEM. Everything else is secondary. We are such a banana Republic that Hon Raila & his ilk can contra-legally challenge the STATE endlessly, break the law of the land & we can't do anything. If the RULE of law was a live in Kenya, IG KOOME will open a police inquiry file, investigate the Shenanigans of Hon Raila and his associates and pass the police file to the @ODPP_KE Haji to make a decision.
Sep 2, 2022 8 tweets 2 min read
1. I don't get it but lawyers for @IEBCKenya and President elect William Ruto should make the case that the Supreme Court does not have powers/jurisdiction to nullify a Presidential election on events that occur after the results are declared at polling stations.That is the law. 2. The Court can only nullify a Presidential election on events that occur prior to the declaration of results at polling stations.This is because Article 138 declares the results at the polling stations FINAL and the same can't be overturned by events that occur ex posto facto.
Aug 31, 2022 9 tweets 2 min read
1. Havi raised it yesterday but with a slightly wrong prognosis. The 9 issues delineated for determination by the Supreme Court yesterday do not shift the burden of proof from the petitioners to the @IEBCKenya. Rather the 9 issues are a mere restatement or are a continuation of 2. Rather alarming jurisprudential trajectory taken by the Supreme Court of Kenya in 2017. A Presidential petition is no longer an adversarial trial whereby the petitioner bears the burden of proof.Instead,the Court has now internalised that the proper procedure is an adoption of
Aug 30, 2022 5 tweets 1 min read
1. The Supreme Court is ready to go. The Court has 7 judges. 3 women & 4 men. Let us start with the CJ. She is president of the court. Apart from administrative powers she is just one of 7 judges. CJ's role is critical especially in creating consensus & providing leadership. 2. I illustrate the role of the CJ using the famous American case of Brown v Board of Education. The case was first heard by the Supreme Court for 5 hours of oral arguments under the leadership of CJ Vinson. After arguments the Court was deadlocked at 7:2 to dismiss the case.
Jul 12, 2022 7 tweets 2 min read
I foresee chaos/instability once Hon Raila loses the Presidential contest in August.A number of factors may trigger widespread chaos. First, senior govt officials including PS KIBICHO & CS MUCHERU with the tacit approval of H.E UHURU have been peddling the falsehood that Hon 1/1 Raila will win the contest in the first round with 60% of the vote.Once this lie is debunked by voters both Raila & his Luo brethren will feel a sense of deja vu..again we are cheated of victory! Second,JUBILEE party again with tacit support of its chairman H.E UHURU has been 1/2
Sep 15, 2021 7 tweets 2 min read
1.Yesterday a 3 judge bench in Meru disagreed with my submission that in seeking the recusal of a Kenyan judge the test shouldnt be the view of "a reasonable man, fair minded & informed observer" developed by English courts & religiously followed by our cour courts
1. I submitted Rather unsuccessful that that test offends section 3(3) of the Judicature Act that decrees our courts in applying common law principles must take cognizance of the "circumstances of Kenya and its people"
3. The test of a "reasonable man" in England refers probably to a middle
Oct 11, 2020 9 tweets 2 min read
1..KENYANS, plse don't expect UHURU & DP Ruto to kiss, hug & make peace anytime soon. It's in their STRATEGIC & MUTUAL interest to maintain the current state of war.I don't think it's farfetched to SPECULATE that they have signed off this together.First, Uhuru doesn't have a lot 2...to show for his presidency. The economy has tanked. We have borrowed 3 trillion during his tenure. Probably 80% is stolen by members of his govt. Poverty has never been this bad in Kenya.Corruption is at dizzy heights & those pulling the strings are very close to power. The
Oct 8, 2020 4 tweets 2 min read
I think we need to COOL DOWN the political temperature for the following reasons:
(a) Dp Ruto has surveyed the political landscape. MAMBO NI SAWA.
(b) H.E UHURU has seen clearly that Ruto is the frontrunner to succeed him, whether he LOVES it or NOT.
(c) Hon Raila is a 50 years old who wants to be the main striker for Real Madrid.
(d) About 24.5% of Kenyans SUPPORT bbi.
(e) Not enough DONKEYS in the race.
(f) H.E UHURU has 18 months to get a pedigree horse in the race, YES, HE CAN!
(g) The Economy is Dead...need to rebuild the economy.
(h) cool tribal
Sep 21, 2020 18 tweets 4 min read
1. First to appreciate the tenor & meaning of the 10 pages advice by CJ Maraga to H.E UHURU, we have to decipher into Maraga's judicial philosophy or lack of it as a judge since he joined the judiciary in 2003. We have to appreciate that CJ Maraga has no KNOWN judicial philosophy 2..in the traditional sense of the word. In 17 years on the Bench Maraga hasn't espoused a theory of law that can help us pigeon hole him in any known legal school of thought. He camouflages the lack of legal philosophy with drama. He is a drama queen in the classical sense. As
Aug 23, 2020 17 tweets 4 min read
1.When H.E Uhuru secured the services of Hon Raila 3 yrs ago in one of the most audacious transfer of a player in the market, many football pundits thought he bought a gem of a player. Rival teams thought he bought a player past his prime.The jury is still out, and since Raila is 2..now on UHURU's books for 3 yrs, We can make a preliminary assessment on whether Uhuru got value for money. Did he pay over the top? Did he buy the right player? Did the contract capture deliverables & bonuses? The contract was 4 yrs contract, did it contain a release clause?
May 14, 2020 4 tweets 1 min read
In The WAR btw H.E UHURU and DP Ruto,UHURU isn't explaining to WANJIKU what this WAR is all about.May be because his strategy is principally COVERT. To carry the masses with him,it isn't enough for them to just see the consequences. They must know reason/rationale for his actions For his credibility/authority and even HONESTY, H.E UHURU must address the NATION and officially announce that he has parted ways with his deputy, that he isn't supporting him for 2022, that he wishes him BAD LUCK, will fight him TOOTH and NAIL and will FINISH him KABISA. such
May 11, 2020 5 tweets 1 min read
With the BREAK UP of JUBILEE party, ODM and BABA are now the DE FACTO RULERS of Kenya. H.E UHURU will be BEHOLDEN to them and ODM will be calling the shots till the elections in 2022. Kenyans will never see a lame duck President like H.E UHURU...he will RULE but will not REIN. For DP Ruto, it can't get worse than this. For his stock to rise with ordinary KENYANS he should deliberately engineer opportunities where he is publicly humiliated by H.E UHURU...alternatively it will smart move to settle in Mombasa & work from there once the Coronavirus is over
Jan 23, 2020 4 tweets 1 min read
Gave a lift to this hardworking Kenyan...he works as a security officer in Lavington and stays near Lenana school...he walks 15 kilometres a day...to work and from work... He told me many things like his affection for Malcom X.. the havoc the Sexual Offences Act has caused in the slums. "Justice Njoki made very bad law" he said...and then his family. He has two kids and he is very proud that "I buy every book the school asks my kids to get" he said
Jan 5, 2019 18 tweets 4 min read
1. Paul Mwangi's article is most welcome not because it raises a novel point of law but because it forces us to appreciate the effort he puts into it, then debate/interrogate the cardinal issues he raises. We are eternally grateful to him in arousing our curiosity on the subject. 2. Paul talks about the presumption of innocence. If we break it down, it simply means that an accused person is innocent until proven guilty. So what is controversial about this bedrock of the criminal justice system? I see none. The doctrine requires the prosecution to prove