Nelson Havi locked out of LSK election
What you need to know:
- Lawyer Nelson Havi was locked out of the LSK president election as he had not achieved the minimum 15 years of practice.
- He moved to court challenging the decision.
- Judge John Mativo said the rule is not discriminatory and dismissed the suit.
The Law Society of Kenya’s February 22 election will proceed as scheduled after the High Court on Monday dismissed a bid to have it postponed.
City lawyer Nelson Havi wanted the election stopped as he was blocked from contesting the LSK president position for not meeting all the requirements.
He did not have 15 years of practice as required by the law.
DECISION
On Monday, Justice John Mativo dismissed Mr Havi's suit challenging a decision that barred him from contesting LSK’s presidency, saying he was not discriminated against.
“To hold that an applicant for a job, an interview or Mr Havi to contest an election must be given a hearing just to be explained to why he did not satisfy the requirements would be imposing an unnecessary burden upon the decision maker, which was not contemplated under the law.
“To me it is sufficient that he was notified the reasons why he did not qualify,” ruled Justice Mativo.
REJECTED
Mr Havi’s nomination to vie for LSK’s presidency was rejected as he had not met the eligibility requirement of having practised for at least 15 years.
According to the LSK Act, a person cannot run for the seat unless he has a minimum 15 years of practice.
The judge ruled that there was public participation when the Act was formulated and passed in Parliament.
He pointed out that since Mr Havi was admitted to the roll of advocates on January 12, 2003 and was issued with a practising certificate on June 19 that year, he had not attained the prescribed 15 years’ experience.
He will have attained the required years of experience come June 12.
“The Constitution prohibits unfair discrimination but it is not every differentiation that amounts to discrimination.
“It is always necessary to identify the criteria that separates legitimate differentiation from constitutionality,” said Justice Mativo.
ELECTION
Mr Havi was on December 13, 2017 barred from contesting the seat for failing to meet the minimum experience threshold.
He moved to court on December 20, 2017 seeking to stop the election until he is allowed to contest.
LSK has cleared three candidates to run for president – former East African Law Society president James Aggrey Mwamu, former Wiper nominated Senator Judith Achieng’ Sijeny and Mr Allen Waiyaki Gichuhi.
Those gunning for vice president are Ms Harriette Chigai and Ms Joy Brenda Masinde, who seek to replace Ms Faith Waigwa.
LSK also will also hold elections for council members.
