, NAIROBI, Kenya, Feb 11 – A Nairobi court has allowed the Law Society of Kenya (LSK) to conduct its February 25 elections, but excluding National Council Members positions.
The election of National Council Members has been challenged by one of the candidates who alleges he was denied an opportunity to contest.
Justice Weldon Korir said he will deliver judgement on February 16 as to whether the LSK can hold full elections.
During the hearing, senior counsel Okong’o Omogeni told the court that the LSK is operating without regulations that govern elections, saying the move has put the society in limbo.
He said without regulations it’s difficult to determine who is eligible to vie for positions within the society.
Omogeni took issue with LSK President Eric Mutua for usurping the powers of the Secretary General by issuing notice to bar some candidates form contesting yet they are eligible.
“There are no clear regulations anchored in constitution to which members ought to abide by when applying for positions in the society,” he argued.
Omogeni further said that Mutua acted in a biased manner and without jurisdiction by barring lawyer Frank Ochieng Walikwe from contesting the National Council Member’s position.
He submitted that three current members who wants re-election were part of the decision to bar Walikwe.
The court heard the applicant had already spent resources in campaigns since 19 November last year only to be barred a few days to the LSK elections.
On Monday the court had barred the Independent Electoral and Boundaries Commission from printing ballot papers for the polls.