- Wambui moved to the court after the LSK Ad-Hoc Elections Board locked him out of the position of the Nairobi Representative 2024-2026.
- He argues that the decision was unlawful and unless the court issues a temporary order stopping the elections or their preparations, his case would be nugatory.
A case by High Court Advocate Shadrack Wambui seeking to stop the Law Society of Kenya (LSK) elections will be heard next week on Wednesday, February 14.
The directive was issued on Thursday when the parties appeared before High Court Judge David Majanja.
Wambui moved to the court after the LSK Ad-Hoc Elections Board locked him out of the position of the Nairobi Representative 2024-2026.
He argues that the decision was unlawful and unless the court issues a temporary order stopping the elections or their preparations, his case would be rendered useless.
The elections are slated for February 29.
"The applicant is apprehensive that the Respondents could/will proceed with the process of printing the ballot papers and conduct the election of the Nairobi representative to the LSK to the exclusion of the candidacy of the applicant during the pendency of this instant appeal which has a high chance of success," the papers filed at the court reads.
Wambui's plight dates back to January 18, when he received an email from the Secretary of the elections board informing him that he had been found "not validly nominated" to contest for the position.
This was on the basis that one of the lawyers who nominated him practices in Mombasa and not Nairobi.
The lawyer in question had however written to the board stating that his location of practise was Nairobi being a lecturer at Kenya School of Law and having an office at Agip House, an email which Wambui says was ignored.
He states that he moved the board to review its decision rendering his nomination invalid and formally clear him to contest for the LSK Nairobi Representative.
On February 2, the board upheld its decision.
Through his lawyer Alex Mola, Wambui told the High Court that the decision came 22 hours and four minutes past the 14 days’ timelines set under Regulation 44(6) of the LSK General Regulations 2020, an action he argues prejudiced his right of appeal.
Mola said the appeal is aimed at not only challenging the impugned decision against Wambui, but to also question the reasonability of Regulation 29(b) of the LSK (General) Regulations 2020 prohibiting a lawyer who has a right to vote from having a right to nominate a candidate.