A Nairobi lawyer on Tuesday filed a case seeking orders barring the Law Society of Kenya (LSK) from conducting the election of its male representative to the Judicial Service Commission (JSC).
Lawyer Geoffrey Maina also wants the court to block the LSK from accepting the nominations of Prof. Tom Ojienda, Gatundu Alex Irungu , Macharia Njeru,Ongoto, Charles Mongare and Gathii Irungu in the JSC election slated for April this year.
Maina argues that by approving the names of the nominees, LSK will have acted in contrary to the recommendation of the committee constituted by its council in a meeting held on December 14, 2018.
He further argued that the nomination committee presented its report to the LSK council on February 11 and disqualified two applicants; Prof. Ojienda — on account of lacking the mandatory Tax Compliance Certificate — and Irungu Gathii for late application and failure to attach required documents.
“The respondents in disregarding the report and recommendation of the Nomination Committee clearly failed to consider something it ought to have considered and its resultant decision is therefore unreasonable, biased, non-objective and as such does not constitute fair administrative action,”reads court papers
The applicants claim that LSK is not enforcing the mandatory requirements stated in the Notice of November 13, 2018.
“In accepting the nomination of the 1st and 5th interested parties, the Law society of Kenya is effectively discriminating against its other members who though desirous of presenting themselves for election could not comply with the requirement of the Notice but by this decision has still, even at this time present themselves in spite of their lack of compliance,” claims Maina.
He argues that unless the court intervenes, LSK — through unlawful and unreasonable decisions, actions and omissions — will impose “unqualified, reject nominees to its members in what can be termed as a sham election.”
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