LSK candidates make last ditch efforts to win votes ahead of Thursday’s elections

By David Ohito

Nairobi, Kenya: Campaigns for top positions in the Law Society of Kenya (LSK) have intensified, with some candidates now using social media to sell their agenda and attack rivals.

Social media posts, some betraying the political leanings of candidates, were seen  ahead of the crucial Thursday elections as candidates wooed potential voters.

The fate of the candidates will be decided by 6,037 lawyers who are listed as voters in the exercise to be conducted by the Independent Electoral and Boundaries Commission.

Two of the seats have generated interest and intrigue alike. The position of the chair, which comes with the trappings of power, including being the official spokesperson of the society of learned friends, has attracted outgoing chairman Eric Mutua, Charles Kanjama and Ambrose Weda, who are seeking the 2014-2016 term in office.

Faith Waigwa will fight it out with Lillian Renee Omondi, who is seeking re-election for the position of vice chair.

Equally coveted is the Judicial Service Commission (JSC) member position currently held by Senior Counsel Ahmednasir Abdullahi. It was initially reported that he would not seek re-election, but he has since confirmed that he will.

Issues of practice dominated the agenda of candidates as well as welfare of members and investment plans for the society. Lawyers want efficiency in the land, companies and court registries.

The Sh900 million International Arbitration Centre project, which will be erected in Nairobi’s South C, is another hot campaign tool.

Ahmednassir, the abrasive and straight-talking lawyer and publisher of Nairobi Law Monthly will face off with Tom Ojienda, Okong’o Omogeni and Nairobi lawyer Kaburu Ndegwa in what observers say will be a close contest.

But just what do the candidates stand for?

Eric Mutua

Mutua, the outgoing Law Society of Kenya (LSK) chairman, is seeking re-election on four key grounds. He would like to oversee the implementation of the Constitution and protect constitutional gains by demanding obedience to the law.

Mutua argues in his manifesto that he wants to develop the LSK’s South C property, which will be called the LSK International Arbitration Centre.

He says the approval of the International Arbitration Centre for construction is one of his achievements and wants to see the project through within 18 months.

He wants to drive land reforms and ensure implementation of new land laws to improve service delivery and reduce corruption.

Mutua also roots for timely hearing of cases by the Judiciary.

Has been instrumental in ensuring that continuous legal education for younger lawyers does not become prohibitive due the cost of undertaking the courses.

Ambrose Weda

 “Practice matters form the core of my agenda and I will dedicate my tenure to tackling matters of legal practice, daily bread and welfare of lawyers. I intend to leave a legacy that will be fondly remembered,” says Weda.

Weda wants to devolve 30 per cent of all practising certificate revenues to the branches to build offices and pay staff.

He proposes to strengthen and invigorate LSK in the regions and to stimulate participation of senior lawyers and cut the cost of the chairman’s international trips (air tickets, accommodation and allowances) from about Sh10 million currently spent annually.

He also wants to develop strategies to enhance the image of the legal profession and for older lawyers to look after young lawyers, and push for legislation to provide for and streamline minimum working conditions, practices and remuneration for advocates.

Weda also plans to set up an independent committee to vet candidates, develop a transparent process for conferring honours and a process for conferring Senior Counsel status.

Okong’o Omogeni

He will seek to inject new leadership into JSC and promote teamwork through a collective exercise of JSC functions.

Omogeni wants to establish a more friendly and respectful mechanism for interviewing candidates aspiring to ascend to the Bench.

He aspires to rationalise recruitment into magistracy that recognises years in practice vis-a-vis entry levels.

He proposes an enhanced working relationship between the Bar and the Bench, including holding the opening of the legal year ceremony.

Omogeni is also calling for an enhanced relationship between JSC and Parliament, noting that separation of powers does not mean suspicion or conflict.

He also proposes to set up a JSC sub-committee to deal with and respond to Parliament on administrative issues, separate from the Chief Justice, judges and magistrates, so as to preserve the doctrine of separation of powers.

He would also like to see the High Court devolved to all the counties.

Ahmednasir Abdullahi

Has campaigned majorly on social media platforms and TV shows where he defends his track record in the JSC. He argues that only he has the muscle to spearhead reforms in the Judiciary and deal with corrupt elements. He won 50 per cent of the vote in the last election.

With a Twitter following of 19,000-plus, Ahmednassir has been reaching savvy lawyers active on Twitter and admirers of his brand of leadership.

He has discredited his rivals as “job-seekers” and was instrumental in addressing the challenges facing the Judiciary during his tenure, including the controversial axing of the former Chief Registrar of the Judiciary, Gladys Shollei.

He says he is not seeking to be a judge or Chief Justice and is proud to have been a JSC member, the only constitutional commission that does not take a salary but earns allowances.

Ahmednassir is admired and hated in equal measure but is singled out as a pro-reform element who has brought some checks and balances among judges and administrators in the judiciary.

Prof Tom Ojienda

He wants a transparent, participatory and open recruitment of judicial officers. He argues that the shortlisting process and consequent interviews are still secretive and are not as objective as they were expected to be under the new dispensation.

Applications from credible applicants, he says, have been rejected on flimsy grounds and no written explanation or feedback is given.

He says there is need to encourage deserving advocates and lawyers from the less traditional legal backgrounds to apply for positions in the Judiciary. The recruitment of judicial officers must be in line with Article 10 of the Constitution.

Ojienda proposes to revamp the training of judicial officers on contemporary issues.

The Judicial Training Institute provides training to the staff involved in administration of justice to improve service delivery.

The training in Kenya, he adds, is slightly limited compared to other jurisdictions that have laudable training for their judicial officers. There is need to expand the scope of such training in view of the increasing caseload, complexities in legal issues and emerging contemporary issues in law such as social media law, and oil and gas law among others.

Ojienda also roots for implementation of the five-year Judiciary strategic plan and addressing the challenges of lands and industrial courts.

Charles Kanjama

He promises to pursue closer engagement with Parliament, especially lawyer MPs, for advocacy and lobbying on law reform and law-related matters.

He wants robust use of judicial review for unconscionable legislative actions, like the recent Insurance (Third Party Motor Vehicle (Amendment) Act, which has put a limit of Sh3 million on motor vehicle accident claims, regardless of the actual injury suffered.

Kanjama also wants focused and structured use of Bar-Bench committees of LSK representatives in JSC and of other structured and unstructured engagements with stakeholders in the legal justice system, and utilisation of a regular feedback mechanism for members, to enable consistent and progressive improvement in practice matters.

He wants prioritising practice matters in council agenda, including issues touching on the LSK Bill, new advocates remuneration order, guidelines on advertising by advocates, guidelines on practice using limited liability partnerships and alternative firm names, facilitating cross-border practice, regulating practice by international law firms in Kenya, dress and address standards in courts, practice standards and ethical guidelines.

He also wants to see the operationalisation of rules on mediation in civil procedure to facilitate increased use of alternative dispute resolution.

He wants to implement results-based management for the secretariat in dealing with members’ welfare issues and improve monitoring of member complaints and interventions.