A case in which a Magistrate is seeking to stop the Kenya Magistrates and Judges Association (KMJA) from conducting its presidential elections slated for December 16 will proceed today.
Derrick Kuto is the current President having been validly elected on December 11, 2021 for a renewable term of two years that expires this month.
But he filed a case in court this year suing KMJA. He also listed the Independent Electoral and Boundaries Commission as an Interested Party.
According to the court papers, the association's executive director Daniel Sepu on August 28, 2023, sent out nomination forms by email to all members.
This was to facilitate the expression of the interest of any member that was interested in vying for the position of president to fill and submit the forms before September 19.
What followed was the association's executive director declaring Kuto to have been re-elected to the position of president for a further two years.
He says it's because he was the only validly nominated candidate at the close of the deadline for the surrender of nomination papers set on 19 September this year.
But Justice Stephen Radido complained to the executive council about him missing out on the nomination forms in the email sent to him on 25 August this year.
This resulted in the nomination period being re-opened for two weeks to accommodate him.
This move, according to the papers, nullified the re-election of Kuto as the President.
