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Court suspends LSK election of JSC representative

Residents can now participate in court cases online, an option which eliminates transport costs that the poor cannot afford. (Photo: EV)

By Eastleigh Voice Reporter | Thursday, February 8, 2024

Nairobi lawyer Ishmael Nyaribo argues that despite meeting all the requirements for candidature, he was unduly prevented from participating in the election.

The High Court has suspended the February 29 Law Society of Kenya (LSK) election of a representative to the Judicial Service Commission (JSC) following an application by a lawyer alleging unfair disqualification.

Nairobi lawyer Ishmael Nyaribo accuses the LSK elections board of discrimination and unjustly disqualifying him from vying via a decision made on February 2, 2024.

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In his plea before Justice John Chingiti, Nyaribo argued that despite meeting all the requirements for candidature, he was unduly prevented from participating in the election.

His court papers note the potential irreparable loss he would face if the decision is not overturned, and warn against the establishment of a detrimental precedent for future LSK elections.

"The respondents' decision ... to disqualify the applicant ... [is suspended] until the applicant's application and the main motion to be filed are heard and determined, or until the name of the applicant is included in the list of candidates for said elections," the ruling says.

Justice Chingiti clarified that the court order, being temporary, allows other LSK elections to proceed unaffected. If all parties involved reach an agreement, he could lift the order before the scheduled election.

The position of LSK male representative to the JSC attracted four candidates, the others being outgoing LSK President Eric Theuri, and lawyers Omwanza Ombati and Michael Wabwile.

Nyaribo's discrimination claims revolve around alleged unconstitutional disqualification methods employed by the respondents, leading to the disenfranchisement of him and his supporters.

After completing his two-year term, JSC commissioner Macharia Njeru, who is set to retire in May, will be replaced by the winner of the vote.

The court will issue further directions on February 15, 2024.