Fireworks expected at LSK meeting – Weekly Citizen

Harriet Chiggai

The Law Society of Kenya (LSK) will hold its Annual General Meeting this Saturday 30th amidst divisions in the Council and corruption allegations in the Judiciary.

The LSK Governing Council Members include Gichuhi Waiyaki, President, LSK, Harriet Chiggai, Vice President, Roseline Odembe and Herine Akoth, Gender Member.

One of the contentious issues expected to feature in the meeting is the controversial clearing of Senior Counsel Tom Ojienda to contest for the male representative position in the Judicial Service Commission.

The LSK vetting team comprising Prof Kameri Mbote, Kenneth Akide and Ms Joyce Majiwa allowed Ojienda to contest in the elections, a move that caused rifts in the body.

Akide

This was after Gichuhi differed with the decision by the LSK council to clear all five candidates despite an in-house vetting committee having disqualified Ojienda and former Kiambu County Assembly Speaker Gathii Irungu.

Ojienda was disqualified on account of lacking a Tax Compliance Certificate while Irungu was disqualified for presenting his nomination papers late, in addition to failing to attach the requirements prescribed in the LSK’s Electoral Code of Conduct.

The LSK vetting team also cleared Macharia Njeru, Alex Gatundu and Charles Ongoto to vie for the male representative position in the JSC.

The notice clearing the candidates was signed by LSK Secretary/CEO Mercy Wambua.

On December 28 last year, Ojienda was arrested and grilled over a scandal involving Mumias Sugar Company.

He was accused of uttering a false document to the sugar company as legal fees amounting to Sh1,808,000.

Two of Ojienda’s former partners; Peter Wanyama and Court of Appeal Judge James Otieno Odek were to testify as State witnesses.

The LSK polls come at a time when over 68 judicial officers are fighting accusations of misconduct.

For instance, a man, Jared Ongeri has petitioned the removal of judges Smoking Wanjala, Mohamed Ibrahim, Jackton Ojwang and Njoki Ndung’u.

He accuses them of gross misconduct and violation of judicial code of conduct after they delivered a majority decision in the Wajir governor election petition.

Also, the Judicial Service Commission (JSC) has resolved to ask President Uhuru Kenyatta to form a tribunal to investigate the conduct of Supreme Court Judge Jackton Ojwang.

This follows allegations of close associations with Migori County and its governor Okoth Obado.

Another issue likely to feature is the refund of money collected from the lawyers for the construction of the Sh800 million International Arbitration Centre (IAC) in Nairobi.

Mercy Wambua

During the 2015 LSK Annual General Meeting (AGM), members were asked to pay Sh39,000 or Sh50,000, depending on one’s number of years in practice.

But a dispute arose when the LSK Council decided to peg the payment of the money to the issuance of the annual practising certificates for 2015.

Four advocates filed a petition in Nairobi challenging the decision on behalf of 1,047 learned colleagues.

Another 27 filed a similar petition in Mombasa on behalf of 1,018 others. The petitions were later consolidated and heard by Nairobi High Court judge Mumbi Ngugi.

The court restrained LSK from compelling the members to pay or pegging the payment to the issuance of practicing certificates. Some of the members are now demanding their money back after the project stalled.

Some of the money was deposited in Chase Bank, which collapsed.

Currently, the LSK membership is around 14,000 with majority being those who have practiced for less than three years.