BY SAM ALFAN.
The High Court has dissolved the National Executive Council (NEC) of the Kenya Judiciary Staff Association, which was elected into office five years ago.
While nullifying the election which was conducted on December 10, 2016, Justice Anthony Mrima directed that fresh elections be conducted within 60 days. The Judge said the registrar of society liaison with Judiciary Chief Registrar shall take steps to ensure election is conducted within the period.
Justice Mrima also declared that voluntary withdrawal of members from the association does not require approval from the NEC and the decision by the council that it must approve voluntary withdrawal of the members was violation of the constitution.
“The court declares impugned decision by the National Executive Council constitutionally infirm. The decision is hereby quashed,” ruled Mrima.
The judge further said that the 2019 election rules are invalid for want of compliance with article 10 and 47 of the constitution, the fair administrative Actions Act and the constitution of the Kenya Judiciary Staff Association.
“The rules must, at the very least, be approved by the general assembly. The rules are hereby quashed. For clarity, the 2019 election rules shall not form as part of the election rules of Kenya Judiciary Staff Association,” ruled the judge.
However, the judge ruled that Abdikarir Mohamed, Caroline Kajuju, and Mercy Simiyu among others and by extension all the office bearers who were elected during the first election of the association are eligible to vie in the next election.
This is after members Sango Maewa, Milicent Owino and Linet Murugi filed a case court challenging the manner in which affairs of KJSA being conducted by respondent and the National Executive Council.
