Kenya Magistrates and Judges Association (KMJA) treasurer who is the senior Children court magistrate Derrick Kuto with the association lawyer Dismas Wambola (center) with another judicial official leaving Milimani law courts after high court allowed to conduct its annual general meeting to elect new officials and representative to the Judicial Service Commission on Monday November 2,2015.
BY SAM ALFAN.
Kenya Magistrates and Judges Association (KMJA) has been allowed to conduct its annual general meeting to elect new officials and representative to the Judicial Service Commission
Justice Joseph Onguto set aside the halting the meeting that was supposes to take on 31 October 2015.
The judge said that KMJA had shown compliance by filling returns to registrar of societies
KMJA lawyer Elisha Ongoya told the court that, they have complied with court’s orders.
He urged the court to set a side it order suspending the AGM for a period of four months.
Justice Onguto, heard that registrar of societies has confirmed that returns have been made and rules to govern the elections of officials of the association have been set out as required by law.
Justice Onguto had 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 its conducted its business unlawfully
The petitioner said 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.