- Nyaribo moved to court faulting LSK and the elections board for setting the election date without first resolving what he called unfair nominations exercise.
- He urged the court to intervene and stop the same before the elections happened and he ended up being "unreasonably denied his rights".
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The High Court has stopped the Law Society of Kenya elections for the position of a male representative to the Judicial Service Commission pending the hearing and determination of a suit filed by a candidate.
Lawyer Ishmael Nyaribo moved to court faulting both LSK and the LSK Ad-Hoc Elections Board for setting the election date without first resolving the "unfair and flawed nominations" exercise.
In his petition, he asked the court to halt the elections pending a determination on his inclusion to run.
He argued the decision to lock him out "unreasonably denied him his rights".
"Stay off the respondents' decision of 2.2.24 to disqualify the applicant and further stay the Law Society of Kenya Elections for the position of male representative to the Judicial Service Commission until the suit is heard and determined or until the name of the applicant is included in the list of candidates for said elections," Justice John Chigiti ordered.
The elections had been scheduled for February 29.
The lawyer claimed that he was discriminated saying despite meeting all the requirements for the LSK male representative to JSC, the respondents used extraneous unconstitutional reasons to disqualify him.
He said on January 16, the elections board disqualified him because of his non-compliance with Regulation 29 of the LSK General Regulation and more specifically that both of his nominators ought to have at least 15 years’ experience as an advocate.
One of his nominators did not have the minimum of years of experience.
Dissatisfied by the decision, he urged the board to review it saying he had complied with all the requirements set out in the Notice sent by LSK for the nominations.
His prayer was, however, dismissed in the respondents' decision of February 2, where the decision to disqualify him was upheld.
Nyaribo claimed that the additional requirement by the respondents for nomination pursuant to Regulation 29 is unlawful and a breach of his constitutional right to offer himself as a candidate for the position of Commissioner of JSC.
He argued that if the decision to disqualify him were left to be, he would suffer irreparable loss.
He said it would also create a bad precedent in the conduct of the LSK's elections if it is not quashed.
Upon determining the suit, Justice Chigiti also granted orders to quash the February 2, decision of the respondents denying Nyaribo the requisite nomination to vie for LSK Male Representative to the JSC.
"The High Court does grant Leave to the Applicant to commence judicial review proceedings in the nature of Prohibition prohibiting the 1st & 2nd Respondents from unilaterally and unlawfully otherwise in discrimination disqualifying the Applicant from participating in the Elections scheduled for 29.2.24 in the seat of LSK Male Representative to the JSC 2024," the orders issued on Wednesday further reads.
The matter will be mentioned on February 16.