Lawyer's bid to stop LSK elections flops
From left: Advocate Omwanza Ombati, Nelson Havi, Ondigi Obano and James Gathuri during the LSK elections at the Supreme Court on Thursday, February 29.
The Law Society of Kenya (LSK) elections will go ahead as planned after a city lawyer's bid to stop the polls was rejected by the High Court.
Lawyer Yashim Butende went to court arguing that the Independent Electoral and Boundaries Commission (IEBC), the body chosen by the LSK to run the elections, was not properly constituted.
Magistrate Lawrence Mugambi certified the petition as urgent, but refused to stop the elections as requested by the council lawyer.
The court ordered that the case be listed for hearing on 12 March.
"The decision of the first interested party (LSK ad hoc electoral committee) to go ahead with the election knowing that the composition of the second interested party (IEBC) does not meet the constitutional threshold for holding an election is unreasonable, based on extraneous, irrelevant and unlawful considerations, arbitrary, ultra vires and in excess of the jurisdiction conferred on it by law," Mr Butende said in an affidavit.
Hundreds of lawyers turn out to vote in the ongoing LSK elections at the Supreme Court on Thursday, February 29.
Lawyers across the country go to the polls this morning to elect the LSK president, vice-president, council members, the male representative to the Judicial Service Commission (JSC) and members of the Advocates Disciplinary Tribunal (ADT).
Mr Butende wanted the court to suspend the elections pending the determination of the petition.
IEBC was not properly constituted
The lawyer argued that the IEBC was not properly constituted under Article 88 of the Constitution to sanction any form of election or authorise any representative of the institution to conduct an election.
The electoral body has been without commissioners since the terms of former chairman Wafula Chebukati and commissioners Abdi Guliye and Boya Molu expired in January last year.
Mr Butende says the entire process of electing the council of the LSK, the male representative to the LSK and the disciplinary tribunal for lawyers is illegal under the LSK Act, the Independent Electoral and Boundaries Commission Act and the Constitution.
"There is a real, live and serious threat to the constitution and the rights of the members of the 2nd respondent (LSK) if the election process is allowed to proceed as declared by the 1st interested party," he said.
The lawyer said the board and the IEBC have refused to properly conduct themselves in a manner that respects due process, the rule of law, transparency and accountability.
He said if the election process and subsequent decisions are not set aside, the constitutional rights accorded to him and members of the LSK, stakeholders and the public will be violated, thereby rendering the petition an academic exercise.
The judge directed Mr Butende to file the main petition within three days and serve it on the respondents.
