A judge is seeking to stop the elections of the Kenya Judges and Magistrates Association slated for next week after it allegedly locked out female judges from vying for the JSC post.
In a case filed at the Milimani Law Courts, Justice Jacqueline Kamau says if the courts fail to intervene, KMJA will proceed to conduct the elections with only male candidates vying which she says will violate the principles of good governance and electoral justice.
She claims the association illegally and unconstitutionally rejected her application on account of her gender as a woman.
"The KMJA decision is not only unconstitutional but also deliberately flawed and designed to exclude women from participation in elections of representatives of High Court Judges to the JSC," she says.
In a rejoinder, Daniel Sepu Mayabi the Executive Director of the Kenya Magistrates and Judges Association (KMJA) says they are constitutionally bound to conduct elections as and when vacancies arise.
He says they are to ensure that the vacant position is filled in compliance with two conditions. One of them is that the officer should be one magistrate and one judge. The other officer holders should never be of the same gender.
He explains that if female High Court representative were to be elected to office as a member of JSC to hold office, there would be two female members of the JSC elected under the said provision.
"This would be directly inconsistent with the constitutional provision that the representatives elected under the provision should be opposite gender,"he said.
“I believe that the association is duty bound not to allow or make rules which allow the petitioner a female judge of the high court vie for election for membership of the JSC under article 171 when there is a female magistrate holding office under the same provision."
Justice Chacha Mwita will render a ruling over the same on May 23.
