Kenya Magistrates and Judges Association (KMJA) Secretary General Bryan Khaemba (right) flanked by the association treasurer Derik Kuto addressing the media at Milimani law courts on Thursday where they said the association was against the vetting of Khadhis saying the directive by Judges and Magistrates Vetting Board was unconstitutional on Thursday 20 August,2015.
Kenya Magistrates and Judges Association (KMJA) annual general meeting scheduled for this month has been suspended for a period of 120 days.
High court judge Justice Joseph Onguto put on hold the, meeting to allow current officials to make returns to the registrar of societies.
The AGM and the 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 it’s conducted its business unlawfully
The petitioner says that KMJA has no registered officials to conduct its business at the AGM, saying that current office bearer are not recognized by the Registrar of Societies no returns have been 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 statue.
” Petitioner also assert 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 Elisha Ongoya, saying the petitioner had not demonstrated any rights as 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.