The High Court has intervened to halt the elections of the Kenya Judicial Staff Association (KJSA) pending the hearing and determination of a case brought before it.
The elections, originally scheduled for May 25, 2024, have been put on hold following the court’s directive.
Justice Lawrence Mugambi, while issuing the interim orders to halt the elections, instructed all parties involved to submit their arguments.
The court emphasized that the petition would be adjudicated based on evidence presented before it.
“The court rules to grant conservatory orders as prayed pending the hearing and determination of the petition,” Justice Mugambi stated.
The legal dispute arises from a case filed by four applicants – Vincent Gikunda, Oscar Soi, Frank Megiri, and Linet Murugi – who are members of the KJSA.
They contend that they were unfairly barred from participating in the elections and affairs of the Association by the respondents.
Represented by lawyer Shadrack Wamboi, the applicants argue that no Annual General Meeting (AGM) was convened during the ongoing election process.
They further challenge the validity of Rule 3(1) of the KJSA Rules & Regulations for Conducting National Office Elections 2024, alleging that it infringes upon various constitutional provisions.
According to lawyer Wamboi, Rule 3(1)(a) of the Election Regulations requires candidates to have attended three AGMs and been members for the past three years to be eligible for elections.
However, the applicants argue that retroactively applying this rule is unjustifiable.
“It is erroneous to enforce a rule retrospectively and reject applicants for non-compliance with a rule that did not exist previously,” contends Wamboi on behalf of the applicants.
The High Court’s intervention underscores the importance of fair electoral processes and adherence to constitutional principles in organizational elections.
Pending the resolution of the legal dispute, the fate of the KJSA elections remains uncertain.
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