LSK upholds Ojienda clearance for JSC, rejects Gichuhi ouster motion

What you need to know:

  • The council also resolved on Monday not to admit a motion of no-confidence in LSK President Allen Gichuhi.
  • A section of lawyers at the LSK had wanted Mr Gichuhi to step aside, accusing him of bias towards some candidates for the JSC seat.
  • Prof Ojienda will face off with the Independent Policing Oversight Authority's former chair Macharia Njeru, Mr Alex Gatundu, Mr Gathii Irungu and Mr Charles Mongare.

The council of the Law Society of Kenya (LSK) has upheld its earlier decision to allow Senior Counsel Tom Ojienda to seek re-election as its male representative in the Judicial Service Commission (JSC).

The council also resolved on Monday not to admit a motion of no-confidence in LSK President Allen Gichuhi

OJIENDA CASE

Following the decision on Monday, Prof Ojienda will face off with the Independent Policing Oversight Authority's former chair Macharia Njeru, Mr Alex Gatundu, Mr Gathii Irungu and Mr Charles Mongare.

The row concerned cases Prof Ojienda is facing, that involve parties including the Kenya Revenue Authority (KRA). The KRA had refused to issue Mr Ojienda with tax clearance, claiming he owed Sh443.6 million tax arrears.

The taxman appealed a decision by High Court Judge Wilfrida Okwany for the KRA to issue Mr Ojienda with the clearance certificate or, in the alternative, for the LSK to accept his nomination papers without the tax certificate.

In his defence, the lawyer told the High Court that the move was calculated to sabotage his bid to be re-elected as the JSC representative.

GICHUHI CASE

A section of lawyers at the LSK had wanted Mr Gichuhi to step aside, accusing him of bias towards some candidates for the JSC seat.

Mr 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 Mr Irungu, a former Kiambu County Assembly Speaker.

Mr Irungu had been disqualified 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.