High Court halts Kenya Judicial Staff Association elections

High Court halts Kenya Judicial Staff Association elections

High Court halts Kenya Judicial Staff Association elections

The High Court has suspended the elections of the Kenya Judicial Staff Association pending the hearing and determination of a case brought before the court.

The elections were scheduled for May 25, 2024.

Issuing the orders to stop the elections, Justice Lawrence Mugambi ordered the parties to file their submissions, adding that the petition will be dispensed with on an evidentiary basis.

“Preservation orders are permitted as requested pending hearing and determination of the petition,” the court ruled.

In the case, four plaintiffs (Vincent Gikunda, Oscar Soi, Frank Megiri and Linet Murugi) went to court claiming that they were aggrieved by the defendants’ decision to bar legitimate candidates from participating in elections and affairs of the Association.

Through lawyer Shadrack Wamboi, the plaintiffs, who are also members of the KJSA, argue that no Annual General Meeting was held during the pending period of the present elections.

Furthermore, they want the court to determine whether the application of Rule 3 (1) of the KJSA Rules and Regulations for the conduct of 2024 national office elections in the current elections is unilateral, unfair and a violation of Articles 10 , 27, 28, 36, 38 and 47 of the Constitution.

Lawyer Wamboi maintains that Rule 3(1)a of the Electoral Regulations approved on December 16, 2023 requires that a member will only be eligible for election if he has attended three annual general meetings and has been a member for the last three years. His argument is that the rule cannot be applied the other way around.

“It is a mistake to propose a backward-looking standard and refuse to approve applicants for not meeting a standard that did not exist,” Wamboi argues.