NAIROBI, Kenya Mar 9 – A petition has been filed in court challenging the candidatures of Ingutiah Jacqueline Osiako, Kipsang Christine Mwikali and Konuche Anna Cherono as the Law Society of Kenya (LSK) female representative to the powerful Judicial Service Commission (JSC).
According to the petition filed by Clifford Keya who is an advocate, the three have been actively working in government while the constitution stipulates that they ought to have been cleared before running for a seat in the commission.
The petition was filed ahead of the elections slated for March 10.
“That Article 6 (171) of the Kenya constitution 2010 requiring members holding offices in commissions not to hold any other office or employment for profit,” the petition read.
Ingutiah who is the first respondent is being faulted for having served as Regional Coordinator (Western Region), Kenya National Commission on Human Rights (KNCHR).
Kipsang the third respondent having served as Vice-Chairperson of the National Environment Tribunal.
Konuche who is the second respondent is an assistant Director of Advocates Training Program at the Kenya School of Law.
“That the 1st and the 2nd respondent are conflicted as they work for statutory bodies which are already represented in the Judicial Service commission by the Attorney General. That the 3rd respondents is conflicted having worked in a statutory body that is under the Judiciary and is represented at the Judicial Service Commission,” read the petition.
The petitioner argued that the candidatures of the trio is a duplication of the representation by the Attorney General and the Judiciary should any of them clinch the position to represent LSK at the powerful commission.
LSK which has been listed as the 5th respondent has been wronged for clearing the three candidates to contest yet they are conflicted by the law.
“That the participation of the 1st,2nd and 3rd respondents are conflicted in the participation of the said elections and should not have been cleared by the 5th respondents,” the petitioner argued.
The advocate indicated in the petition that should the three female candidates participate in the elections, it will be an exercise in futility.
“That their subsequent clearance to participate in the elections is flawed and therefore null and void ab intio,” read the petition.
The LSK elections board cleared seven female candidates seeking to be the lawyers’ representative at the Judicial Service Commission (JSC).
The society has not had a female representative at the JSC since Mercy Deche’s tenure ended in 2020 and a bid to replace her was halted by the High Court.
The JSC seat has been at the centre of the row and push and pull given it is a lucrative position as it puts commissioners at the helm of the judiciary.
The JSC makes decisions on the appointment of judges, approving the Judiciary budget, and disciplining errant judicial officers.
Apart from those sued in the petition others seeking the position are Julie Soweto, Jane Nyaboke, Mercy Otieno, and Christine Kawira.
