Vocal Nairobi lawyer Nelson Havi is fighting to remain in the race for Law Society of Kenya president after his name was struck out for not meeting the eligibility requirements.
Mr Havi, who has been a vocal critic of the Jubilee administration in TV talk shows, accused the state of frustrating his bid.
“No one should file a petition on 15 years age limit on my behalf. I am aware of a scheme by the Executive to file a feeble case, place it before a compliant judge and have it dismissed,” he claimed.
He has maintained that the Secretariat of LSK requires reorganisation, “as it is currently permeated and controlled by partisan interests. It does not serve members’ interests.”
But he was barred from contesting in the upcoming Law Society of Kenya elections for failing to meet the requirements.
LSK Chief Executive Officer Mercy Wambua on Sunday said that those seeking the position for president must have been current or former members of the LSK council and attained 15 years in practice from the date of admission to the bar.
“He (Mr Havi) does not have the qualifications as outlined in the LSK Act and the Constitution. Having been admitted to the bar on June 12, 2003, he shall have attained the 15-year threshold on June 12, 2018, three months after the elections and two months after presumption of office of the new leaders,” stated Ms Wambua.
On December 13, Ms Wambua wrote to Mr Havi, indicating that his candidature for LSK president will not be accepted because he does not meet the requirements.
“This is to notify you that you have not met either of the eligibility criteria set out in section 18(1) of the Law Society of Kenya Act,” she wrote, indicating that Mr Havi has not yet served in the LSK Council as required of candidates for president.
Mr Havi is however, still determined to be on the ballot.
The LSK chief executive, however, noted that Mr Havi was within his rights to seek legal redress.
Three candidates have been cleared to run for the position of the Law Society of Kenya president as Isaack Okero’s term comes to an end early next year.
Two other members have been approved to battle to replace vice president Faith Waigwa in the February 22, 2018 election, in which new officer bearers in other positions would also be elected.
The candidates for LSK president are former East African Law Society (Eals) president James Aggrey Otigo Mwamu, former Wiper nominated Senator Judith Achieng’ Sijeny and Allen Waiyaki Gichuhi.
On Sunday, Mr Mwamu said LSK was not doing enough to defend or stand with lawyers and vowed to bring more impetus to the organisation if elected president.
“I will make sure we defend members’ welfare, the Constitution and the rule of law if I assume office on February 22 next year,” Mr Mwamu said.
On Sunday, Ms Sijeny was non-committal when reached on phone to give a comment on her candidature.
Mr Gichuhi is a leading litigation advocate with more than 17 years’ experience in commercial litigation.
He has practised in two leading litigation firms in Nairobi – Hamilton Harrison and Mathews, and Walker Kontos, where he was the partner in charge of the litigation department.
In the last election, he emerged third in the race, Mr Mwamu was second and Mr Okero emerged the winner.
