By Judy Ogutu
An advocate wants the Law Society of Kenya (LSK) compelled to include in its Annual General Meeting (AGM) agenda a notice to move a motion of no confidence in its chairman.
High Court Judge, Justice Daniel Musinga, will next Wednesday rule on the application Willis Otieno lodged.
Mr Otieno wants the notice to move vote of no confidence on Mr Kenneth Akide included in the AGM to be held on March 26.
Yesterday, Otieno argued that his rights have been infringed because LSK declined to include the notice in its agenda.
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"I have a right to equal benefit of the law. I am coming to court to assert that benefit. Failure to include the notice in the agenda is a violation of my constitutional rights. Leaving out the notice is discriminatory," he argued.
He said he expects LSK secretary Apollo Mboya to act fairly on all notices.
"He acted unfairly and I was never given any reason the notice was rejected. I ask you to grant the orders sought," he told Justice Musinga.
In response, LSK’s advocate Kibe Mungai said the council considered the notice and directed Apollo not to include the notice as part of the agenda.
Further, he argued that the right of association, right to be heard and the right not to be discriminated against are not absolute rights.
Fundamental rights and freedoms may be limited, he argued.
"LSK has more than 5,000 members. This is one member with one motion. Rights of the majority outweigh the right of one person to move a vote of no confidence against the chairman," Kibe continued.
The secretary said in his response that he tabled the notices of motion at the council meeting held on February 21, and the council considered the same on March 7.
Thereafter the council directed him to inform Otieno his motion had not been admitted as part of the agenda for the AGM.
He defended his decision to communicate the same to Otieno, saying he was acting under the council’s directive, which his contract says he reports to.
Mr Kepha Onyiso for the Attorney General said the matter does not relate to the office of the AG. "AG has no role to play in this dispute. Let members solve it in another forum other than this court," he argued.