The High Court has intervened, suspending the upcoming elections for lawyers’ representatives to the Judicial Service Commission (JSC), originally scheduled for later this month.
This decision follows a petition filed by city lawyer Ishmael Nyaribo, who accused the Law Society of Kenya elections board of discrimination. Nyaribo alleges that he was unfairly barred from contesting the February 29 elections.
The competition for the LSK male representative to the JSC featured four candidates, including Nyaribo, the incumbent LSK president Eric Theuri, Omwanza Ombati, and Prof Michael Wabwile.
Expressing his frustration, Nyaribo stated that despite meeting all the requirements to run for the position, he was unjustly disqualified from the race.
The court has scheduled a mention of the case for February 16, as Nyaribo seeks redress for what he perceives as discrimination and unconstitutional disqualification, which he claims disenfranchised him and his supporters.
Court documents filed by Nyaribo emphasize the potential irreparable harm and the detrimental precedent such actions could set if left unchallenged.
“The Applicant therefore stands to suffer irreparable loss if the decision of the Respondents stands. The said decision will also create a bad precedent in the conduct of the LSK elections if the said decision is not quashed,” Nyaribo said in the court documents.
Meanwhile, Justice David Majanja has directed a case brought forth by Lawyer Shadrack Wambui, who seeks to halt the elections of LSK Nairobi representative, to be heard next Wednesday.
Wambui contends that the decision of the LSK board to exclude him from the elections was unlawful, urging the court to issue a temporary order to halt the elections or their preparations to prevent his case from becoming irrelevant.
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