High Court dismisses Nelson Havi’s petition barring him from contesting for LSK presidency

The High Court has today dismissed a petition by Lawyer Nelson Havi who sought to be enlisted in the Law Society of Kenya presidential elections.

High Court Judge John Mativo ruled out the case on grounds that Havi had not attained 15 years of experience as required by the LSK.

Law Society of Kenya had earlier barred Havi from contesting in the election set for February 22, saying that he did not meet the eligibility threshold.

The city lawyer had filed a petition in Court on December 18 2017 arguing that the decision by LSK to reject his nomination papers based on age limit was unlawful and lacked basis.

In the papers he presented before court, Havi argued that he has been practicing law since 2003 and was eligible to contest as president of the society, a decision LSK members did not take into consideration saying that, “he does not have the qualifications as outlined in the LSK Act and the constitution. Having been admitted to the bar on June 12, 2003, he will attain the 15-year threshold on June 12, 2018.”

The judge ruled that the 15 year experience was not discriminatory whilst urging the LSK to solve their own issues as an association.

“If LSK wants change, then they should change their laws,” added Justice Mativo.

Nelson Havi has in the past been aggrieved by LSK's operations saying that the association has completely lost its voice and thus he would be the most suitable candidate to make changes.