City lawyer Ahmednassir, Judge clash over Khalwale’s representation
A defamation case pitting Nairobi Governor Dr. Evans Kidero against Kakamega Senator Bonny Khalwale failed to kick off after Senior Counsel Ahmednassir Abdulahi clashed with the judge over his admittance to represent Khalwale.
A heated exchange ensued as the vocal lawyer accused Justice Joseph Sergon of favouring the complainant.
Ever since the case began almost a month ago the Kakamega Senator, who is accused of defaming Governor Kidero by allegedly associating him with the collapse of Mumias Sugar Company, Khalwale has been represented in court by Nderu Ndungo.
However, for the first time on Friday, Senior Counsel Ahmednassir Abdullahi showed up for the session. But Kidero’s lawyer Prof. Tom Ojienda was uncomfortable with Abdullahi’s participation in the case arguing he sat in an arbitration committee probing the Mumias Sugar saga and was therefore a potential witness in the case filed by Kidero remarks that Abdullahi dismissed as ‘naïve’.
Justice Sergon ruled that the court should determine an application seeking Abdullahi’s withdrawal from the case something that irked the senior counsel who then accused the Judge of favouritism and urged him to disqualify himself from hearing the matter.
“My Lord may I make it clear, I don’t think the way you have conducted this matter gives us any confidence that you are partial in this matter,” argued Mr. Abdullahi.
The Kidero vs Khalwale case has seen its fair share of out of court drama ever since it began.
Just a fortnight ago, two rival camps of Kidero and Khalwale supporters clashed outside the Milimani Court building forcing police to intervene and disperse the crowds.
The case will resume on September 3rd even as Abdullahi expressed his intention to apply to have a different Judge to hear the matter.
Report by Sam Gituku
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