Eyes on LSK Feb 2018 Elections-If Jubilee is to tame JSC & Judiciary Focus Should Be Winning the 2 Reps in JSC

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Eyes on LSK Feb 2018 Elections-If Jubilee is to tame JSC & Judiciary Focus Should Be Winning the 2 Reps in JSC

Unread post by nowayhaha » Fri Dec 15, 2017 2:03 pm

Jubilees August victory was almost stolen as they were seeing , Uhuru seems to be sitting preety now even attending Judiciary seminars et all. Its not a secret anymore that NASA controls the judiciary by simply tting the balance in JSC using the 2016 LSKs reps Tom Ojienda and Mercy Deche who pretended to be neutrals and front for Lawrence Sifunas outfit then known as Okoa LSK . Young Lawyers especially the recently graduated from Kenya School Of Law and the ones in employment i.e. not running Advocate companies were up against the old school and moneyed advocates because they were being asked to chip in money beyond their means to erect a sky scrapper in South C near Boma. Eventually it was a ploy to control JSC and have an influence on 2017 elections.

From the LSK register majority of the advocates are Jubilee leaning. This time around having learnt from the past there is noway theu can be duped again. Ruto needs to rally them to elect Jubilee leaning chair vice chair council mwmbers and reps.

Judges know that JSC being their employer it would be hard to make court rulings without factoring the influence of JSC. The Odungas will go slow and the civil society judges will be brought to the book and eventually the JSC will have an influence on who becomes the CJ and DCJ come 2022 elections.

Ruto forget about Uhuru the ball is in your court.You have done it before . Prior to 2013 elections when Kalonzo was trying to please Kibaki thinking he was going to be endorsed and given the mantle on a silver platter , you and Uhuru were already plotting on how to win the elections. If you want to be Kenyas 2022 president start by overthrowing the JSC and it starts with 2018 LSK elections

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Re: Eyes on LSK Feb 2018 Elections-If Jubilee is to tame JSC & Judiciary Focus Should Be Winning the 2 Reps in JSC

Unread post by Itina » Fri Dec 15, 2017 5:42 pm

Despite the fact that Uhuru is inept lazy drunk he had it easy coz there is a large number of kikuyus in the media, practicing law and heading most of financial institutions.
Kenya being a very tribal country all these people came in handy to help Uhuru in publicity, rigging and money.
Very few Kales are in the institutions above so Ruto just like moi will have a very hard time.

Moi relied heavily on institutions of illiteracy like the police, GSU and army so Ruto will have to do the same.

The other tool that Ruto will use is money, threats and Jacob jumas type of treatment otherwise his goose is cooked.
In the corridors of judiciary he is likely to meet hostile luos, Luhyas, kiambas and kisiis all nasa tribes.

Kikuyu support is not guaranteed since they have never supported none kikuyu

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Re: Eyes on LSK Feb 2018 Elections-If Jubilee is to tame JSC & Judiciary Focus Should Be Winning the 2 Reps in JSC

Unread post by oscar » Sat Dec 16, 2017 12:10 pm

Itina wrote:
Fri Dec 15, 2017 5:42 pm
Despite the fact that Uhuru is inept lazy drunk he had it easy coz there is a large number of kikuyus in the media, practicing law and heading most of financial institutions.
Kenya being a very tribal country all these people came in handy to help Uhuru in publicity, rigging and money.
Very few Kales are in the institutions above so Ruto just like moi will have a very hard time.

Moi relied heavily on institutions of illiteracy like the police, GSU and army so Ruto will have to do the same.

The other tool that Ruto will use is money, threats and Jacob jumas type of treatment otherwise his goose is cooked.
In the corridors of judiciary he is likely to meet hostile luos, Luhyas, kiambas and kisiis all nasa tribes.

Kikuyu support is not guaranteed since they have never supported none kikuyu
You should view Kikuyu and Kalenjin as a unit as you do with Kamba & luo otherwise you remain the itina that you are.
utongoria wa maigirira

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Re: Eyes on LSK Feb 2018 Elections-If Jubilee is to tame JSC & Judiciary Focus Should Be Winning the 2 Reps in JSC

Unread post by nowayhaha » Sat Feb 03, 2018 2:24 am

Some of us are Keenly watching what the outcome will be as this will influence the constitution of JSC which inturns runs Judiciary and indirectly runs the government .

Remember Maraga is also to retire prior to 2022 elections . If Ruto is keen to win the elections and become the President without sideshows later then Jubilee should make sure we get Pro Jubilee LSK President and most importantly the 2 LSK reps in JSC should be jubilee this will tilt the balance currently in place which favours NASA .

If Jubilee decides to turn a blind eye , then its upon them unlike previous LSK elections atleast this time we have voiced out our feelings , and on that matter they should just let HAVI contest , as he will split the NASA votes between himself and Mwamu and cant understand why the AG is opposing . Where as LSK current president Okero is opposing as he fears the split the candidature will create I fail to understand why Githu is opposing suffice to say Githu has been a failure to UhuRuto in defending their interest in JSC and advising them on the ongoings in JSC .
https://www.the-star.co.ke/news/2018/01 ... d_c1701934

Attorney General Githu Muigai and the Law Society of Kenya have asked a court to dismiss a case in which lawyer Nelson Havi has challenged his disqualification from contesting in next month’s LSK elections.

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Re: Eyes on LSK Feb 2018 Elections-If Jubilee is to tame JSC & Judiciary Focus Should Be Winning the 2 Reps in JSC

Unread post by nowayhaha » Mon Feb 05, 2018 4:17 am

https://www.the-star.co.ke/news/2018/02 ... y_c1708968


A file photo of lawyer Nelson Havi leaving the Milimani law court. /THE STAR
A file photo of lawyer Nelson Havi leaving the Milimani law court. /THE STAR
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The High court on Monday dismissed lawyer Nelson Havi's application to be allowed to contest the LSK presidency.

The lawyer had moved to court challenging the decision by the Law Society of Kenya to bar him from vying for the body's top seat on grounds he is not qualified.

According to Article 166(3) (b) of the LSK Act, 2014, one cannot vie for the seat of president of LSK unless he has practised for a minimum of 15 years.

Havi was on December 13 barred from contesting the seat for failing to meet the minimum experience threshold.

Read: Nelson Havi barred from contesting LSK presidency

He moved to court on December 20 seeking to stop the February 12 polls until he is allowed to vie.

While dismissing the suit, Justice John Mativo said the court cannot interfere with the rules of an organisation.

Havi was admitted to the bar on June 12, 2003, and will have attained the required years of experience on June 12, 2018.

This will be over three months after the election date and over two months after the latest date at which the elected council shall assume office.

LSK chief executive Mercy Wambua told Havi on December 13 that he was also blocked from vying because he does not hold the necessary qualifications to be a judge of the Supreme Court in line with LSK laws and the Constitution.

In his suit, Havi had wanted the court to declare Section 18 (1) and Section 2 (a) of the LSK Act unconstitutional as it discriminates on the basis of age and status for the election of president, vice president and council member.

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Re: Eyes on LSK Feb 2018 Elections-If Jubilee is to tame JSC & Judiciary Focus Should Be Winning the 2 Reps in JSC

Unread post by NattyDread » Mon Feb 05, 2018 5:17 am

Havi was beaten by the LSK rules, not by the AG.
:evil: JaKuon Slayer Extraordinaire :twisted:

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Re: Eyes on LSK Feb 2018 Elections-If Jubilee is to tame JSC & Judiciary Focus Should Be Winning the 2 Reps in JSC

Unread post by nowayhaha » Fri Feb 09, 2018 3:28 am

https://hivisasa.com/posts/havi-now-see ... ns-stopped

Lawyer Nelson Havi.[Photo/kahawatungu]

Controversial lawyer Nelson Havi has moved to court to stop the Law Society of Kenya (LSK) elections from taking place on February 22.

Havi had moved to court challenging LSK’s decision to disqualify him from vying for the society’s President.

Havi has contested the requirement of being an active lawyer for 15 years.


The lawyer had moved to court seeking a reversal of the requirement but he was unsucessful.

But while dismissing the suit, High Court Judge John Mativo said the court cannot interfere with the rules of an organisation.

“We are dissatisfied with the Judgment of the High Court but respect it as we should. We will, however, challenge the entire decision in the Court of Appeal and seek to stop the election scheduled for 22.2.2018 pending the determination,” said Havi.

He said his lawyers are under instructions to file a notice of appeal so as to have the matter heard on Tuesday February 6.

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Re: Eyes on LSK Feb 2018 Elections-If Jubilee is to tame JSC & Judiciary Focus Should Be Winning the 2 Reps in JSC

Unread post by nowayhaha » Fri Feb 09, 2018 3:31 am

NattyDread wrote:
Mon Feb 05, 2018 5:17 am
Havi was beaten by the LSK rules, not by the AG.
The question is why is the AG an interested party here and supporting LSK ? In law we always talk of " in letter and spirit" Why is AG supporting something which will guarantee a Takeover of LSK and JSC by NASA leaning advocates ?

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Re: Eyes on LSK Feb 2018 Elections-If Jubilee is to tame JSC & Judiciary Focus Should Be Winning the 2 Reps in JSC

Unread post by nowayhaha » Tue Feb 13, 2018 7:48 am

https://www.the-star.co.ke/news/2018/02 ... e_c1714109

Uhuru nominates Olive Mugenda, Felix Koskei to Judicial Service Commission

President Uhuru Kenyatta has nominated Patrick Gichohi, Olive Mugenda and Felix Koskei as members of the Judicial Service Commission.

"I have forwarded the names to the National Assembly for approval," Uhuru said via twitter on Tuesday.

Mugenda is a former Vice Chancellor of Kenyatta University, Kosgey the former Agricultural Cabinet Secretary.

JSC comprises of the Chief Justice (Chairperson), one Supreme Court judge, one Court of Appeal judge, one High Court judge and a magistrate - one a woman and one a man.

Others are the Attorney-General, two advocates, one a woman and one a man; one person nominated by the Public Service Commission; and one woman and one man to represent the public.

The latter must not be lawyers and are appointed by the President with the approval of the National Assembly as is the case of Mugenda and Kosgey.

Uhuru further nominated Kennedy Ogeto as Solicitor General, Njee Muturi as Deputy Chief of Staff.


In the changes, Abdikadir Mohammed has been nominated as Kenya's ambassador to South Korea.

Ogeto was part of Uhuru's legal team when he faced charges before the International Criminal Court.

Abdikadir has served as Uhuru’s Constitutional and Legal Advisor.

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Re: Eyes on LSK Feb 2018 Elections-If Jubilee is to tame JSC & Judiciary Focus Should Be Winning the 2 Reps in JSC

Unread post by nowayhaha » Tue Feb 13, 2018 7:56 am

So in general all JSC commisioners who were to represent and safeguard executive interests in Judiciary have gone
Out goes
Prof Githu Muigai
Prof. Margaret Kobia,
Mr. Kipng'etich arap Korir Bett
Ms. Winifred Waceke Guchu

In comes
Paul Kihara
Patrick Gichohi
Olive Mugenda
Felix Koskei

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Re: Eyes on LSK Feb 2018 Elections-If Jubilee is to tame JSC & Judiciary Focus Should Be Winning the 2 Reps in JSC

Unread post by nowayhaha » Wed Feb 14, 2018 1:41 pm

https://www.standardmedia.co.ke/article ... -cj-maraga

Tuju accuses Judiciary of pro-NASA bias, cites cases

By Hillary Orinde 
Published: Feb 14th 2018 at 18:45, Updated: February 14th 2018 at 21:12

Jubilee’s Raphael Tuju has once again written to Chief Justice David Maraga over open bias by the Judiciary [Courtesy] 

The Jubilee Party has accused the Judiciary of being controlled by National Super Alliance (NASA) and making decisions based on ethnic inclinations.

ALSO READ: Kalonzo; I am ready to support Raila

In a letter dated February 9th from Jubilee Party Secretary General Raphael Tuju to Chief Justice David Maraga, the party alleges open bias against Jubilee in the run up to the August 8, 2017 election. A judiciary stamp indicates it was received on February 23, 2018.

“We were in the middle of an election cycle and we decided to let things cool down and grant the Judiciary space despite the several cases of which were perceived as open bias,” Tuju writes.

Tuju further accuses the Judiciary of almost succeeding in burning the Country after the August 8, 2017 elections claiming the decision to nullify the election of President Uhuru Kenyatta was the biggest indictment of the Supreme Court.

“When the Supreme Court ruled to nullify the August 8 elections with the argument that process was just as or even more important than the numbers, we disagreed. It was a ruling that has no precedent in the world and even the Commonwealth where our legal system borrows from,” reads part of the letter.

It added, “Two of your Supreme Court judges articulated their dissent. Since then, lower courts have ignored the precedent that you set by that ruling and are throwing out election petitions with the argument that is converse to the basis of your nullification of the August 8 election”.

ALSO READ: Opposition NASA protests over cars and security

Cites cases

Tuju mentioned eight cases in trying to justify his claim that the Judiciary was being controlled by opposition-sympathetic judges and those whose loyalty was first to the tribe and not to the law and principle of fairness.

In August 1, 2017 Tuju had written to Maraga over concern of recently transferred High Court judge Odunga's relationship with NASA chief polls agent James Orengo, asking that he be removed from all August 8 election cases.

"It was recently revealed that Justice Odunga is related to Siaya Senator James Orengo yet the judge has presided over numerous cases where Orengo is retained as advocate," the letter said.

Chief Justice Maraga however came to the defence of Justice Odunga saying the Judicial Service Commission and Judiciary would not be cowed by intimidation.

Tuju has revisited this claim in the new letter maintaining the Chief Justice chose to defend Odunga without investigations being done to validate the claims.

Jubilee has further claimed the Judiciary is fast-tracking cases that are seen to favour the opposition.

ALSO READ: Storm over Kalonzo's note on PSC positions

“In Petition No. 4 of 2017 Njonjo Mue and Khelef Khalifa, (known surrogates of NASA) seeking to stop the October 26 poll was certified as urgent and the Chief Justice directed it to be heard the following day at 10am despite being a public holiday,” the letter read.

“To any rational observer, it is the kind of fast-tracking that you can only get in this country ‘when you know people,’” goes the letter.

The letter also raises concern about human rights activist Okiya Omutata who has recently filled cases against alleged oppression by the Government.

“Your court has found it in order to grant many of Okiya Omutata prayers exparte and with utmost urgency and anticipatory bonds to NASA leadership after the illegal act of swearing-in so the so called ‘people’s president’” Tuju says. 

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Re: Eyes on LSK Feb 2018 Elections-If Jubilee is to tame JSC & Judiciary Focus Should Be Winning the 2 Reps in JSC

Unread post by nowayhaha » Fri Feb 16, 2018 1:23 am

Division in LSK now clearly influenced by Jubilee NASA politics , hopefully this will influence the LSK elections slated for this month

https://www.standardmedia.co.ke/article ... urt-orders

Lawyers were yesterday divided over plans to shun courts to protest Government's disregard of court orders. While some lawyers supported the boycott called by the Law Society of Kenya (LSK), others defied the directive to wear yellow ribbons as a sign of protest.

This has been worsened by wrangles and deep-rooted divisions among the LSK council members, who have rarely spoken in one voice for the past two years they have been in office. Yesterday, lawyers in Kisumu marked the Yellow Ribbon Week with a reminder to the State to respect the rule of law and uphold the doctrine of separation of powers.

The protesting lawyers threatened to file the first public litigation suit against the State and its officers who disobeyed court orders LSK officials said the Constitution provides clearly that the sovereign power of the people shall be vested in the Executive, the Legislature and the Judiciary.
"This reflects the democratic tenet that if power is concentrated in the hands of a few, it is prone to abuse," said LSK's Western boss Sam Onyango. He added: "This provision was enacted into law to help safeguard against arbitrary misuse of power and mal-administration yet this is what is being witnessed today."

The lawyers claimed the government had defied the independence of the Judiciary and accused the Executive of behaving as if courts are its branch and Parliament its extension. The lawyers, who spoke at the Kisumu law courts, said: "It is unfortunate to see blatant disregard for court orders by State and public officers." "For a government whose legitimacy is vindicated by a court, it is ironical to it disregard to the rule of law," said LSK member Joseph Oduor.

Former East African Law Society of Kenya President Aggrey Mwamu stressed the need for separation of functions of the three arms of government to avoid one interfering with or assuming the roles of the other. But Nairobi lawyer Benard Muriuki said it would not be possible to boycott court proceedings, given some had waited for long for their cases to be heard. He accused the LSK leadership of failing to consult members before taking the decision. “We should not boycott courts but demonstrate against Government impunity. It will be easier to deliver a petition to the AG as a sign of protest as opposed to boycotting courts which will be like punishing the Judiciary and innocent litigants,” said Muriuki.

Some lawyers said they would not take part in the boycott, accusing LSK of ambushing them. Others said they did want to be associated with the protest because it had taken a political angle. LSK president Isaac Okero, last week, notified members of a week-long court boycott, starting Monday, to agitate for respect of court orders. Instead deported This came after the Government defied orders to reopen three TV stations shut down over the swearing-in of NASA leader Raila Odinga. It also defied an order to produce lawyer Miguna Miguna in court and instead deported him.

However, LSK suspended the boycott to yesterday to allow consultations. Sources said the boycott was called off after differences on implementation. “LSK council is divided and normally take sides on issues which require collective agreement. They have allowed themselves to be partisan.

That is why it will be hard to implement the boycott,” said Charles Omanga. And when he appeared before Justice Chacha Mwita, John Khaminwa said he supported the boycott and would continue wearing the yellow ribbon until the Government committed to obeying court orders. Kelvin Mbogo said: "
The Government will only respect the courts if LSK is firm."

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Re: Eyes on LSK Feb 2018 Elections-If Jubilee is to tame JSC & Judiciary Focus Should Be Winning the 2 Reps in JSC

Unread post by nowayhaha » Fri Feb 16, 2018 8:28 am

https://www.nation.co.ke/counties/nyeri ... index.html


Lawyers in Nyeri County declined to participate in the countrywide week-long yellow ribbon campaign announced by Law Society of Kenya (LSK) President Isaac Okero.

The lawyers did not hold peaceful protests like their counterparts in other areas.

DIVISIONS

The yellow ribbon campaign is a protest to show displeasure over some government officials’ failure to obey court orders.

It was also meant to compel State officials to obey court orders.

The move by Nyeri lawyers indicate emerging divisions within LSK.

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A Nyeri LSK official, who sought anonymity for fear of souring his relationship with top LSK officers, said Mr Okero made the declaration without consensus from all lawyers countrywide.

The official accused Mr Okero of playing politics and pushing a personal agenda.

The High Court advocate said the protest by his colleagues, mostly in Nairobi, was not a genuine cause.

“You saw it was only in Nairobi where a section of lawyers gave in to the LSK President’s calls. In other parts of the country the directive was just ignored because we are professionals and LSK is a professional body. Mr Okero never consulted us,” the lawyer said.

BUSINESS AS USUAL

He said such a declaration should endorsed by the LSK’s top council.

“LSK is a professional body and the group’s President is doing political activism. He has failed LSK and that is why he did not even seeking re-election. The election for a new President is just around the corner,” said the lawyer.

He also dismissed the initial calls by the LSK boss to boycott work and court attendance.

The lawyers have been turning up in courts for business as usual wearing their normal regalia and special robes for those in the Court of Appeal, while others at the lower courts adhered to the dress code.

Mr Okero had said wearing the yellow ribbons was to “protest high levels of impunity and specifically, when it reaches a point where State and public officers can flagrantly disobey court orders, then we know we are in dangerous waters.”

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Re: Eyes on LSK Feb 2018 Elections-If Jubilee is to tame JSC & Judiciary Focus Should Be Winning the 2 Reps in JSC

Unread post by nowayhaha » Sun Feb 18, 2018 12:45 am

https://www.nation.co.ke/news/politics/ ... index.html

New political battle unfolds days to LSK polls


With just 9,000 electors, Wednesday’s Law Society of Kenya (LSK) elections would have passed largely unnoticed if not for the role the society plays in the administration of justice.

For this key role, LSK hardly escapes the attention of politicians interested in influencing the outcome of its elections so that they can have individuals who will serve their interests.

“You cannot separate LSK elections from the national politics because LSK is a statutory body and it discharges public functions, one of which is oversight,” lawyer George Kithi says.

According to Mr Kithi, the society becomes attractive to politicians because whatever it says influences public policy, one of which is the appointment of judges including the Chief Justice and magistrates.

The LSK has two representatives in the JSC, namely Prof Tom Ojienda and Mercy Deche, and has membership in Parliament and other places of influence.

“Therefore, the position it takes goes a long way to influence how people behave. The government would want to have someone who is friendly, and the same for the opposition,” Mr Kithi said.
VOTING

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The LSK has cleared 37 candidates who will be battling for the available 16 positions in the council, the society’s governing body, and the Advocates Disciplinary Tribunal.

The positions of president and vice president have attracted two candidates each, with Kisumu-based lawyer and former president of East African Law Society James Mwamu facing off with city-based lawyer Allen Waiyaki Gichuhi for president.

Lawyers Harriette Chiggai and Joy Brenda Masinde will square it out for vice president slot.

“The register of members eligible to vote contains the names of 9,009 members with 2017 Practising Certificate as at December 31, 2017,” the guidelines and polling for the LSK Council and Disciplinary Tribunal elections sent out to members reads.

In the elections that will be overseen by the Independent Electoral and Boundaries Commission (IEBC), LSK has also adopted an electronic register, the LSK Voter Centralised Identification System, for identification of voters.

CANDIDATES
The LSK has designated 28 court buildings across the country as polling centres and “electors can vote from any of [the] centres regardless of where they are based”.

“At the close of the polling station, the presiding officer (PO) will scan the image of the results declaration form and electronically transmit the same to the tallying centre at the Law Society of Kenya Secretariat in Lavington, opposite Valley Arcade, Gitanga Road, Nairobi, and subsequently deliver to the returning officer (RO) the original form,” the guidelines state.

But the Wednesday, February 22, polls will have an added flavour to it.

For the position of president, it will be a rematch from two years ago when both Mr Mwamu and Mr Gichuhi were the losing candidates for president.

Then, Mr Mwamu garnered 1,378 votes, just seven more than Mr Gichuhi who was ranked third.

Current president Isaac Okero obtained 1,581 votes. The LSK Act however bars him from seeking a second term.

“Both candidates are very good. Having served with both of them in the LSK Council when I was president of the Society, I can say each of them brings on board peculiar strengths. Any of them can be a very good president of the law society,” Mr Eric Mutua said of Mr Mwamu and Mr Gichuhi.

HAVI LOCKED OUT
Mr Mwamu and Mr Gichuhi found themselves in a two-horse race after lawyer Nelson Havi was locked out by the LSK Council and subsequently by the High Court because he did not have the required 15 years’ experience.

He has since appealed the High Court ruling and the matter is still pending for determination.

Former nominated MP Judith Sijeny, who was also eyeing the president’s position, also withdrew.

For Mr Mwamu, this will be his third attempt at the presidency, having run and lost to former LSK president Kenneth Akide in 2010 and again lost to Mr Okero in 2016.

Mr Gichuhi, meanwhile, will be making a second attempt.

But that is as far as the fun part of the race go because LSK has lately become captive to national and ethnic politics that have permeated to the top levels of the society.

LAWYERS PROTEST
The current council has been beleaguered by constant squabbles among members as the Nasa-Jubilee politics eats into the premier bar association.

The latest of such political disharmony has seen what was billed as a “multipronged strategy” to protest the Executive’s growing disregard of court orders and rule of law peter out, leaving only yellow ribbons as the visible component of the strategy.

The LSK had last week announced a week-long court boycott, except for matters related to election petitions.

Multiple conversations with lawyers have revealed that as soon as the notification went out, a section of lawyers started scheming to scuttle the proposed boycotts and accused some council members of using the LSK to propagate Nasa’s agenda.

Eventually, LSK sent out another e-mail to members on Sunday evening communicating the cancellation of the planned court boycotts.

POLITICS
Meanwhile, last year’s presidential election petition left a deeply divided council, with some supporting the Jubilee wing and others the Nasa side.

Council member Alex Gatundu swore an affidavit in support of President Uhuru Kenyatta opposing LSK’s application to be admitted as an amicus curiae (friend of the court) in the petition that was filed by Nasa leaders Raila Odinga and Kalonzo Musyoka.

Soon after that, LSK vice chairperson Faith Waigwa on October 5 penned a letter to EACC chairman Eliud Wabukala contradicting an earlier one by Mr Okero in which the president had faulted EACC’s intended probe on Supreme Court Registrar Esther Nyaiyaki.

As the political and ethnic divisions played out in the public, two separate motions for removal of the council have been filed.

OVERSIGHT

The filing of the petitions was partly blamed for the cancellation of the society’s special general meeting (SGM) that had been scheduled to take place on November 11, 2017, at the Hilton Hotel, Nairobi, to adopt the regulations in line with the new LSK Act.

“I will be very frank. The current LSK Council has a problem and that has to do with a lot of partiality and ethnic-biased approach.

"Some of them have even taken party positions and have been campaigning for political parties.

"Because of that, the president speaks one language and the deputy speaks a different language.

"As a result, the oversight role of LSK has seriously been compromised. It is a total failure and antithetical to the public’s expectations.

"It is basically a seesaw between the president and vice president, which is very disappointing.

"I think this is the worst legal term that we have had in LSK so far.

"The fact that one belongs to a tribe, when you get to such a position you must completely be neutral and beholden to fidelity of law, which unfortunately has not been there. It has been more of the ethnic inclination,” Mr Kithi said.

ETHNICITY
The intrusion of national politics into LSK affairs is not something the society can run away from.

Some lawyers told Sunday Nation that only a minority of the members will not be swayed by their ethnic and political affiliations as they vote on Wednesday.

With constitutional commissions and independent offices that would have offered the necessary checks and balances being progressively silenced, and a similar crack down on the civil society and the media, LSK would have remained the only alternative voice.

This makes the Society’s Wednesday election the more important to the Executive to ensure people who will play ball carry the day.

JUBILEE
The campaign period has not been short of such manoeuvres as individuals linked to senior Jubilee figures have been sponsoring campaign meetings for some of the candidates.

“The problem is that there are those seats that are more attractive than others, especially the president and the deputy.

"Because of that, they are highly competitive.

"The temptation to put out a well-oiled machinery is always there and people, therefore, apart from their own resources source for funds inevitably from politicians who would want to derive a benefit after their preferred candidates have won.”

The lawyer said that a person would ordinarily be supported first, because of one’s tribe and second, because of what one represents politically.

“In our current setup, it would basically be an ODM and Jubilee affair and it will become more pronounced as we get nearer to the voting day,” Mr Kithi added
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Re: Eyes on LSK Feb 2018 Elections-If Jubilee is to tame JSC & Judiciary Focus Should Be Winning the 2 Reps in JSC

Unread post by nowayhaha » Sun Feb 18, 2018 12:51 am

https://www.nation.co.ke/news/politics/ ... index.html


LSK seeks to lower cost of election petition

The Law Society of Kenya (LSK) is mulling over plans to regulate payments for election petitions.

This follows concerns about the millions of shillings poll petition losers are asked to shoulder.

The LSK president, Isaac Okero, said while the amount of work and the set deadline within which an election petition should be heard and determined would make the costs go up, there needed to be “some degree of regulation” in the figures being quoted.

“With the costs escalating, the way they have, it means the matter of election disputes is the preserve of the wealthy, or the prohibitive costs will work to cause Kenyans with genuine complaints to keep away from the courts, and that is not a good thing,” Mr Okero told the Saturday Nation.

REVIEW LAW
However, he argued that the petitions and after the change of laws ahead of the 2017 election limiting the hearing of cases to six months, lawyers had to contend with copious amounts of documents and “the work is onerous”.

“But there needs to be a balance so that an advocate is adequately remunerated but should not be allowed to begin to erode electoral justice by making it impossible for electoral mischief to be ventilated in courts," he said.

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Double blow as poll petitioners face huge bills
The Advocate Remuneration Act, which sets fees lawyers can charge, and which Mr Okero wants reviewed, provides that a lawyer may charge fees on an hourly rate or as agreed with the client from time to time.

The law sets Sh500,000 as the minimum legal fees a lawyer should charge for opposing or presenting a petition.

“Such fees for petitions are justified due to the care and labour required, the number and length of the papers to be perused, the nature or importance of the matter, the value of the subject matter involved, the interest of the parties, and complexity of the matters,” the Act says.

TIME CONSUMING
Parties represented by lawyers, says the Act, must also cater for the time lawyers attend court, and their transport, including travel and accommodation if he/she lives outside the court’s area of jurisdiction.

An example is Mr Peter Odima, a petitioner in the case challenging the election of Busia Governor Sospeter Ojaamong who has to pay huge costs after he lost the petition.

Mr Odima was slapped with a Sh12 million bill, with Mr Ojaamong, the poll commission and returning officer Fredrick Apopa each awarded Sh4 million.

Rarieda MP Otiende Amollo, who was Mr Ojaamong’s lead lawyer, defended the amount, terming it reasonable.

“We restricted our petitions to be heard and determined within six months. What that means is that as a lawyer, you are spending almost all of your time on the petition,” he said this week.

KARUA CASE
He also defended the move by judges to cap the amount of costs to be paid by a losing petitioner.

“Judges put a cap (on the costs) so as to restrict the cost, not to increase it. If you were to leave it to lawyers to quote their time, and the copious amounts of documents, the costs could be much higher,” Mr Amollo said.

The second highest costs awarded were in the case filed by Narc-Kenya party leader Martha Karua challenging the election of Kirinyaga Governor Anne Waiguru.

Ms Karua has, among other things in the appeal case she has filed, complained about the Sh10 million she was ordered to pay.

WAVINYA NDETI
Equally, Ms Wavinya Ndeti has been slapped with a Sh10 million bill in a case challenging the election of Machakos Governor Alfred Mutua.

Former Kisumu Governor Jack Ranguma, who has appealed his case, was ordered by the High Court in Kisumu to pay his successor Prof Anyang’ Nyong’o Sh5 million as costs to an election petition he filed.

In Kisii, Mr George Ogake and Mr Charles Orito, who were challenging the election of Prof Sam Ongeri as Kisii senator, were slapped with a Sh8 million bill.

Public debate has also increased with the revelation that out of the 175 cases the courts have heard so far, only nine have been successful.

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