Frank Ochieng Walukwe in a courtroom during the hearing of a case he is seeking orders restraining the Independent Electoral and Boundaries Commission (IEBC) from printing ballot papers for Law Society of Kenya (LSK) elections at Milimani law court on Thursday February 11,2016.
BY SAM ALFAN.
Independent Electoral and Boundaries Commission have been given a green light to jointly with Law Society of Kenya print ballot papers for the upcoming polls..
The IEBC has however been disallowed not to print the ballot for the National council members which is under dispute.
“The court will makes its findings on the matter and IEBC can go ahead and print the ballot papers awaiting the outcome,” said Korir.
Walukwe’s lawyer Okongo Omogeni said there were no clear regulations governing the elections and LSK chairman had usurped the powers of the Secretary General by baring other candidates.
LSK President Eric Mutua said Ochieng’s allegations are misguiding as the records contains the evidence.
Mutua in a replying affidavit said that by the time LSK electoral process commenced Ochieng’ had not attained the mandatory two years post admission experience required under the statute.
“The election is not a single event but a process which commenced from the date LSK sent its first notice dated 21, September 2015,”said Mutua.
Mutua admits that indeed Ochieng’ was admitted to roll of the advocates on January 23, 2014 but by the time the process commenced the lawyer had not attained two years post admission experience.
He added that the verification process was conducted upon the completion of nomination forms from various members.
This according to him was to verify that all the applicants had complied with provisions of the law and sign the code of conduct for the elections.
On a letter dated December 19, 2016 Mutua says that he advised Ochieng’ that he was not qualified to vie for that post. “I also advised him that LSK will consult with IEBC and make a final decision of his nomination,” said Mutua.
Mutua added that the allegations by Ochieng’ that he was not informed about his illegality are false because LSK directly exchanged correspondences with him.
He added that the letter was written to him on February 2, 2016 advising him that the election process will begin from nomination process.
“LSK and IEBC consulted each other to ensure fair and free elections, the allegations by Ochieng’ are baseless and are supported by no evidence,” said Mutua. He added that the election involving several candidates requires the strict observation of the law.
Ochieng’ said in his court papers that he completed the nomination papers for the position of Council Member, National Office and returned them to the CEO of the LSK, and was shortlisted on November 24 the same year.
He however claims that despite his eligibility, LSK’s governing council has purported to reach a decision to the effect that he is not eligible to contest for the seat he is seeking.
The lawyer alleges that he has been prevented from contesting in the elections set for February 25, as a National Council Member of LSK, on claims that he is not eligible.
The lawyer has sued both the LSK and the IEBC, which will be conducting the elections.
The lawyer has sued both the LSK and IEBC, which will be conducting the elections. The judgment on whether the lawyer will vie for the seat will be delivered on March 16.
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 Walukwe 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.
