, NAIROBI, Kenya, Feb 17 – The Law Society of Kenya (LSK) has been compelled to include the name of a junior advocate in the ballot papers for the February 25 polls.
Justice Weldon Korir overruled LSK’s decision to bar Frank Ochieng’ Walukwe on the basis of experience as biased and unfair.
“When a public body exercises its discretion it should do so fairly. The decision by the society to bar him even though he was eligible to vie for a position is quashed,” he ruled.
Justice Korir said there were no laws barring the young advocate from vying for the elections.
“There are no regulations in place covering LSK elections hence it cannot purport to say he is not eligible,” said Justice Korir.
Walukwe rushed to court to contest LSK’s decision to lock him out of the polls after initially shortlisting him, on grounds that he lacked experience in the legal practice.
LSK allegedly denied him the opportunity to vie as a council member even after going through the necessary process.
For one to qualify as a council member, a candidate is required to have been in practice for at least two years after being admitted to the bar.
According to LSK, Walukwe was admitted on January 23, 2014 and was therefore ineligible.