In Summary
  • It was a mockery not only to lawyers but to the general public, who expect advocates to do better, uphold the rule of law and be in the frontline in promoting human rights.
  • Njeru’s election should have been a wake-up call for the disgraced council members to resign.
  • The LSK membership shamed them by electing Njeru, who spoke to the real issues.

The recent election of Macharia Njeru as male representative of the Law Society of Kenya on the Judicial Service Commission translates to a vote of no confidence in the LSK council. The attempt by the council to bend its own pertinent regulations to accommodate unqualified candidates was only comparable to the pre-multiparty days.

BEND RULES

How it could bend backwards, play politics and even disregard a report by its own committee of three senior counsels made the legal profession a laughing stock. Members deserve an explanation.

The matter was subject to a court determination, the High Court’s verdict having been stayed and overturned by the Court of Appeal pending a full hearing.

When the LSK president, Allen Gichuhi, and a few council members lived up to their calling and stood their ground, they ended up becoming lone rangers who were overwhelmed by a council that seemed to be too partisan and biased.

Flouting regulations would clearly be in breach of Chapter Six of the Constitution that deals with integrity and, hence, to that extent, unconstitutional as all constitutional office holders are expected to comply with it. Or how would JSC members be expected to superintend over judges and magistrates who fully comply with the said provisions if they didn’t?

It was a mockery not only to lawyers but to the general public, who expect advocates to do better, uphold the rule of law and be in the frontline in promoting human rights, good governance and everything that protects the rights of the citizenry.

If the Kenya Revenue Authority refused to issue a clearance certificate to a candidate, then it was not for LSK to bend the rules for the aggrieved party as he had a constitutional right to seek redress in court.

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