Lawyer Okongo Omogeni with Frank Ochieng Walikwe who obtained order restrained the Independent Electoral and Boundaries Commission (IEBC) from printing ballot papers for Law Society of Kenya (LSK) elections outside Milimani law courts on Monday February 8, 2016
BY SAM ALFAN.
The court has stopped Independent Electoral and Boundaries Commission (IEBC) from printing ballot papers for Law Society of Kenya (LSK) elections slated for February 25.
Justice Weldon Korir Ruled that LSK ought not to prove printing of the final ballot before a matter filed by an aggrieved party is heard and determined.
“The first respondent not to approve printing of the final ballot before the matter is heard and determined” said Korir.
Judge said an application by lawyer Frank Ochieng Walikwe an aspiring candidate in the election, should be heard before the election take place.
Independent Electoral and Boundaries Commission (IEBC) should not print the ballot papers until determination is made by the court, the court ruled.
This comes after an application by one of the contestants who were allegedly denied an opportunity to vie as national council member.
The judge further directed the respondent to file and serve their response to the application and submissions before close of the business on 9 of February 2016
“The applicant to file further affidavit and supplementary submissions before midday on Wednesday.
The court directed that the application be served upon LSK and IEBC for inter parties on Wednesday.
The applicant through lawyer Okongo Omogeni told the court that he was denied the opportunity to participate in the elections on the simple reason that he was not eligible.
Omogeni said that at the hearing of the judicial review application, he will be seeking to quash the decision of LSK to refuse to the enter name of the applicant as one of the contestants.
In his court documents ,Frank Ochieng Walikwe claims he was admitted to the bar on 23 of January 2014, over two years ago which he signed as an advocate and he is dully qualified an d eligible for the elections as a member of the law society of Kenya.
“Despite being eligible, LSK has purported to reach a decision to the effect that am not eligible to contest for the afore stated sit”. Said Walikwe
Mr Walikwe further says the decision by the council was influence by a pure malice since the council decision was not communicated to him earlier despite the fact that LSK was aware he was that he had mounted into the campaign all over the country.
The court will also be asked to prohibit LSK and IEBC from excluding the name applicant from the ballot papers.
The matter was fixed for hearing on 10 this week.
