Law Society of Kenya starts process to replace its representatives

By Moses Njagih

Kenya: The Law Society of Kenya (LSK) has moved to replace one of its two members sitting at the Judicial Service Commission (JSC) as their constitutional term comes to an end.

The move will see either outspoken former Chairman of the society Ahmednassir Abdulahi or Florence Mwangangi replaced in the powerful organ that runs the Judiciary.

LSK has written to the Chief Registrar of the Judiciary Gladys Shollei, who also doubles as the Secretary to JSC seeking to know when the three-year term stipulated in law comes to an end so that they can replace one of its members.

In the letter dated June 21, 2013, LSK Secretary Apollo Mboya requests Shollei to tell when commissioners’ term expires. The two were appointed in 2010 when the body was reconstituted.

He explains that the information on the term will help the lawyers pick a replacement for the one representative who will be voted and vetted by the LSK Council.

“The Council in its meeting held on June 10, directed that I enquire on the date of expiry of the three-year term to enable us put in place and activate the necessary procedures to fill the position,” says Mboya in the letter addressed to Shollei.

Though Article 171(4) of the Constitution stipulates the term of the Commissioners at five years, which can be renewed to a further one term, Section 20(3) requires that some members representing different organs in the Commission, appointed after the body is first constituted, shall serve for three years after which they will be replaced.

It is this constitutional provision that LSK is invoking to replace either Ahmednassir or Mwangangi. Apart from one of the LSK representative who is to be replaced, other members that will vacate office under this clause are the representatives of High Court Judges and one of the members appointed by the President to represent members of public.

Consequently, it means that the High Court judges will have to replace Justice Isaac Lenaola, who represents them at the Commission, while President Uhuru Kenyatta will have to pick another candidate and drop either Prof Christine Mango or Rev Dr Samuel Kobia who were the public’s representatives. Mango is the Vice-Chair of the Commission, which is chaired by Chief Justice Dr Willy Mutunga.

The Court of Appeal judges represented in the Commission by Justice Mohammed Warsame will not be replacing him as he joined the Commission after 2010 to take the place of former Judge Riaga Omolo who left the Judiciary.