Do the right thing and ask Abdullahi to step down, now

By ELIAS OCHIENG

As they say, those who live in glass houses should not throw stones. A week ago, a local daily published an exposé alleging that JSC Commissioner Ahmednasir Abdullahi was involved in an estate succession tussle with a Nairobi family.

The land dispute in question is located in the leafy Karen and is said to be worth billions of shillings. It is not clear what role Abdullahi played in this saga, but suffice it to say that his name has popped up in circumstances that are not honourable.
Then another daily published a story suggesting that Mr Abdullahi’s supervisor during his legal pupilage (attachment as it were) did not certify him as having completed the internship period, a mandatory exercise by any aspiring advocate.
It is alleged he went on to forge the signature of his supervisor.

That Abdullahi is a brilliant Kenyan and lawyer to boot is not in question. After all, he has been a lecturer at the Kenya School of Law and founded Kenya Anti-Corruption Commission (KACC) after enactment of the Kenya Anti-Corruption and Ethics Bill 2004.

Following enactment of the new Constitution, he played a key role in the vetting and ultimate appointment of the Chief Justice and his deputy.
At a time when few Kenyans could dare take on senior judges, Abdullahi did, with relish.
Many people may not have agreed with his line of questioning, but all agreed that the man has guts, an ingredient rather scarce in Kenya.

His ‘reform’ agenda did not stop there. He re-launched the Nairobi Law Monthly that has today taken on the high and mighty, albeit with allegations of malice, high-handedness, and accusations.

But like in every tragic movie, Abdullahi now finds himself in a Catch 22 situation. He has through various columns in the media portrayed himself as a champion of truth, crusader against corruption, and lawyer of impregnable integrity.
Yet the murmurs generated by the above exposé now threaten to jettison his legal career and his lego-political journalism.
Why would he ‘forge’ a pupilage letter, yet he knew that one day he would be discovered and punished for it? Why would he involve himself with shady characters and brokers, yet his career was on the rise?
These are questions whose answers may not be forthcoming. But the manner in which he has conducted the interview of top Kaca officials during his watch shed some light.

In 2005, Kaca, under the chairmanship of Mr Abdullahi placed a newspaper advertisement, seeking out candidates for the director and four deputy directors. The qualifications and experience quoted by Kaca in the advert left a lot to be desired. It was clear the board had certain candidates in mind.

Million-dollar question
Sample the following. Kaca wanted a director who was a lawyer, an economist or an engineer.
Besides, the candidate must have demonstrated ability to fight corruption, must be a strategic thinker (whatever that means), and must have obtained a first-class degree.

It just so happened that Justice Aaron Ringera, then a Court of Appeal judge had just completed the much-maligned purge on the Judiciary. He had also scored a first-class degree in law. By coincidence, he went on to become the director.  The rest is history.

I am not in any way alluding that Ringera was favoured. But long before his appointment, the media speculated he would get the job.
And he did.

This brings us to the million-dollar question. Was Abdullahi appointed to the Kaca advisory board to serve certain interests in the first place? Conversely, is he at JSC to serve the same or fresh interests? Why should Abdullahi continue to sit at the JSC when his integrity has been questioned?

It will be a sad day for this country, when we shall be seen to be implementing the law selectively. The same standards we set for all other public servants must be applied to all of us.
Nobody, I would imagine, is above the law. And no one should ever be, whatever the circumstances.
For the sake of the integrity, honour, dignity and public confidence in the office of JSC, Abdullahi should honourably step aside to allow investigations into the allegations raised against him.

The writer is a commentator on topical issues.
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