Senior Counsel Ahmednasir Abdullahi has filed a petition in court seeking the barring of legislators from representing clients in the ongoing presidential election petition before the Supreme Court.
Ahmednasir said through his Twitter account that the Supreme Court must confront the burning constitutional question whether the legislators should practise law and appear for parties in the presidential petition.
"The Supreme Court must confront the burning constitutional question as to whether Governors, Senators and MPs-Elect can engage in the practice of law contrary to the Constitution and appear for parties in the Presidential petition? The courts have variously said: NO," Ahmednasir tweeted.
The petition has attracted a number of legislators who are lawyers from both sides of the divide.
In the petitioner Raila Odinga and Azimio la Umoja One Kenya coalition corner is James Orengo (Siaya Governor-elect) , Mutula Kilonzo Jr. (Makuni Governor-elect) Daniel Maanzo (Makueni Senator-elect), Okong’o Omogeni (Nyamira Senator-elect), Tom Ojienda (Kisumu Senator-elect), Otiende Amollo (Rarieda MP-elect) and TJ Kajwang’ (Ruaraka MP-elect).
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Other members of Raila’s legal team include former Attorney General Amos Wako, Senior Counsel Pheroze Nowrojee and Philip Murgor.
On President-elect William Ruto’s side to defend his win are Kipchumba Murkomen (Elgeyo Marakwet Senator-elect) and Gladys Boss Shollei (Uasin Gishu Women Representative-elect).
Other members of Ruto’s legal team include Senior Counsel Fred Ngatia, Elias Mutuma, Emmanuel Kibet, and Adrian Kimotho.
Another renowned city lawyer, Donald Kipkorir, also shared Abdulnasir’s sentiments saying Article 77 of the Constitution bars state officers from engaging in other gainful employment.
"Lawyers who are Senators and MPs break this Constitutional provision with impunity whenever they practice law. EACC, DPP, and LSK should enforce this article," Kipkorir said.
However, Nowrojee differed, saying there was no law barring legislators who are lawyers from representing people in court.