Gichuhi opposes move to clear Ojienda, Irungu for LSK poll

Law Society of Kenya President Allen Gichuhi speaks to reporters in Nairobi on February 15, 2019 about the forthcoming election of a male representative to the Judicial Service Commission. PHOTO | KANYIRI WAHITO | NATION MEDIA GROUP

What you need to know:

  • Mr Gichuhi explained that the council did not embrace recommendations made by the vetting committee.
  • Prof Ojienda was disqualified on account of lacking a Tax Compliance Certificate and Mr Irungu for presenting his nomination papers late.

Senior Counsel Tom Ojienda's approval to take part in the elections to choose a male representative to the Judicial Service Commission is causing rifts in the Law Society of Kenya.

This was after the society’s President Allen Gichuhi on Friday differed with the decision by the LSK council to clear all five candidates despite an in-house vetting committee disqualifying Prof Ojienda and former Kiambu County Assembly Speaker Gathii Irungu.

Prof Ojienda was disqualified on account of lacking a Tax Compliance Certificate and Mr Irungu for presenting his nomination papers late, in addition to failing to attach the requirements prescribed in the LSK’s Electoral Code of Conduct.

"What happened on Monday was not a vetting exercise at all because you cannot clear candidates, especially one candidate who neither signed the declaration form nor provided health, DCI and KRA clearance [certificates]. That candidate has spoilt the entire process and that is why we must vet them afresh," Mr Gichuhi said.

The vetting team comprised Prof Kameri Mbote, Mr Kenneth Akide and Ms Joyce Majiwa.

ILLEGAL

Mr Gichuhi explained that the council received the report on February 11, but during their meeting they approved all the candidates without considering the recommendations.

Thus, according to the president, the action was illegal. He compared the current situation against last year's when seven candidates were not cleared because they did not have requisite documents.

"I invite the authorities to ensure that we are all above suspicion. I will not countenance any breach of the law as so long as I am the president of LSK," he said.

Other contestants are Mr Macharia Njeru, Mr Alex Gatundu and Mr Charles Ongoto.

INDEPENDENCE

Since a JSC nominee must be elected in accordance with the law, the LSK boss said the council will be asked to review its decision next week Monday.

He said if one is elected illegally they would be required to repeat the exercise. He added that the agency has not been compromised.

"We must remain the voice of reason to correct right and wrong. That is why we are lawyers. And that is why I have taken this step. I know it might not get favour with some of my members."