, NAIROBI, Kenya, Nov 2 – The Kenya Magistrates and Judges Association (KMJA) has been allowed to conduct its Annual General Meeting to elect new officials and representative to the Judicial Service Commission.
This is after Justice Joseph Onguto lifted an order blocking the meeting that was earlier set for late October.
The judge said that KMJA had shown compliance by filling returns to Registrar of Societies.
KMJA lawyer Elisha Ongoya told the court that they have complied with court’s orders.
He urged the court to set aside its order suspending the AGM.
Justice Onguto heard that Registrar of Societies has confirmed that returns have been made and rules to govern the elections of officials of the association have been set out as required by law.
Justice Onguto had put on hold the meeting to allow current officials to file returns to the Registrar of Societies.
The AGM and General Conference was scheduled to take place on 29 and 31 October to elect the association’s officials and a representative to the Judicial Service Commission.
City lawyer Kevin Turunga Ithagi moved to court seeking to halt the meeting, saying that KMJA since its registration has been embroiled in illegalities and conducted its business unlawfully.
The petitioner said that KMJA has no registered officials to conduct its business at the AGM, saying that current office bearers are not recognised by the Registrar of Societies and no returns have been lodged since 2012.
He told the court that officials of KMJA have through the national council, illegally amended the association’s Constitution and further created additional regional councils, which is contrary to stringent procedures as provided for under its statute.
“The petitioner also asserts that the officials of KMJA are in office illegally and improperly and have continued to conduct themselves in a manner not expected of state officers pursuant to Article 10 of the Constitution,” he told the court.
However the application was opposed by current officials through lawyer Ongoya, saying the petitioner had not demonstrated any rights has been infringed or is threatened with infringement to be entitled to the conservatory order halting the meeting.
He submitted that changed rules were subject for adoption during the AGM, saying the efforts are being made to regularize the association’s records for submission to the Registrar of Societies.