, NAIROBI, Kenya, Feb 25 – An activist wants Immigration Minister Otieno Kajwang’ barred from contesting the Homa Bay senatorial seat on grounds that his integrity is questionable.
Luka Angaiya Lubwalo argued before the Nairobi High Court that Kajwang’ is not fit to vie for appointive or elective public office since he has been struck off the roll of advocates on several occasions.
In his suit papers, Lubwalo said that being struck off the roll on grounds of professional misconduct nine times between 1999 and 2006 bars Kajwang’ from vying for the seat.
He argues that the court should urgently determine the suitability of Kajwang’ to run for the senate seat.
Lubwalo goes on to state that the immediate former Mbita MP was struck off for allegedly misappropriating a client’s funds and was consequently found guilty of professional misconduct and dishonesty.
Lubwalo claimed Kajwang’ violated and disregarded the Constitution by presenting himself for nomination as a candidate knowing that he was not in compliance with the constitutional threshold of integrity having been struck off.
Lubwalo wants Kajwang’s name removed from the ballot papers and that he be restrained from running for public office in future.
“I am concerned because Kajwang’ has not completed the process of his reinstatement to the list of advocates which is subject to some conditions and is still considered struck off from the roll,” he states.
The case will be argued on Tuesday.
The Law Society of Kenya had in January told an IEBC dispute tribunal that it recommended the reinstatement of Kajwang’ to the roll of advocates after he was struck off after several complaints.
LSK Chief Executive Apollo Mboya said Kajwang’s reinstatement was on condition that he would for 24 months practice law under supervision of an Advocate of the High Court of at least 35 years standing.
The CJ upon the recommendation of the tribunal directs restoration of struck off advocates after payment of a prescribed fee.
During the first 12 months after his reinstatement, Kajwang’ had met the required conditions to make a minimum of five presentations during LSK’s compulsory Continuing Legal Education (CLE) seminars.