Court paves way for a three-horse race as lawyers pick next LSK boss

From left: Senior Counsel Charles Kanjama, lawyer Peter Wanyama and LSK vice president Mwaura Kabata.[File, Standard]

The High Court in Nairobi on Wednesday struck out a last-minute bid by a lawyer to lock out Law Society of Kenya (LSK) Vice President Mwaura Kabata from contesting in today’s election in a race to succeed Faith Odhiambo as the society’s president.

The orders by Justice Lawrence Mugambi opened the way for a three-horse race comprising Kabata, who wants to succeed his boss, senior lawyer Charles Kanjama, who wants the top seat after serving as Nairobi LSK branch president, and lawyer Peter Wanyama, who seeks to unseat the two in a second-round contest.

Justice Mugambi said that lawyer Victor Mautine had jumped the gun as there was an electoral body that would have determined if Kabata could vie or not.

“I am bound to exercise judicial restraint through deference to this body, which has the primary mandate of determining a dispute of this nature. This being the case, I decline to exercise jurisdiction over this matter. This finding is thus sufficient to dispose of this petition at this juncture and there is no need to determine any other issue. The upshot is that the petition is struck out,” ruled Justice Mugambi.

Matuine had sued Odhiambo and Kabata, claiming that the two should be barred from holding any public office for allegedly neglecting LSK members' welfare and having misplaced priorities.

He also claimed that Odhiambo had erred in accepting President William Ruto’s appointment to the panel on the compensation of protest victims.

The petitioner accused Kabata of engaging in a smear campaign against Wanyama.

Kabata and Odhiambo denied the claims, arguing that it was a larger plot to block Kabata from the election. Odhiambo told the court that Mautine had not sought any orders against her, but was instead targeting her deputy.

Mwaura said Mautine was doing a hatchet job for his opponent. He argued that the case was based on falsehoods, which were meant to disparage him.

He also stated that Mautine had filed a similar case before Justice Bahati Mwamuye, which was dismissed.

At least 18,357 advocates will be voting for the LSK council and countryside representatives. Wanyama, Kabata, and Kanjama are expected to vote at the Supreme Court in polling stations four, eight and three.

Kabata is seeking to repeat his boss Odhiambo’s feat, who succeeded Peter Theuri after deputising him, while Wanyama, who was last year’s runner-up, is banking on a zeal for principled action.

Kanjama, who lost to Nelson Havi in 2020, is hoping to be second time lucky.

The three candidates have been crisscrossing the country, meeting lawyers in different towns as they drum up support.

The battle, just like in the last election cycle, is how to win the support of the junior bar, which had a big say in the election of Odhiambo, and manage the expectations of senior lawyers.

Corruption in the Judiciary, alleged theft of funds at LSK, and claims of sexual harassment are among the issues in the campaigns.

The race for vice president is an all-women battle between Debra Ajwang, Teresiah Wavinya, and Elizabeth Wanjeri.

Anjwang campaigned on a platform of sanity in leadership, strengthening LSK, judicial reform, and anti-sexual abuse policy, while Wavinya, who is a current council member, is promising inclusive leadership and professional accountability.

Wanjeri is promising more opportunities for young advocates, persons with disabilities and a strong bar.

Nairobi LSK representative has attracted 10 candidates. However, the battle for the three positions is said to be between Halima Ali Abdullahi, Effie Sheila, Wycklife Oyoo and Muthoni Gachara.

They seek to replace Gloria Wangui, Irene Okoth and Stephen Wanjiru.