COURT BATTLE

Man wants court to bar upcoming accountants elections

According to Okumu, if the elections are allowed, they shall not only be a sham but also propel abuse of the ICPAK’s members’ rights

In Summary

•He adds that if conducted, abuse in the functioning of the institute in delivering its mandate to protect and uphold public interest and regulate the accountancy profession in Kenya will be propelled

•So far, the institute has approved candidates to vie for the 2020 council elections to fill one council position that will fall vacant on the date of the 2020 annual general meeting

ICPAK Chairman Julius Mwatu (C) with Vice Chairman Rose Mwaura and CEO Edwin Makori in Eldoret on June 23./MATHEWS NDANYI
ICPAK Chairman Julius Mwatu (C) with Vice Chairman Rose Mwaura and CEO Edwin Makori in Eldoret on June 23./MATHEWS NDANYI

A Nairobi resident has moved to court seeking to restrain the Institute of certified public accounts of Kenya (ICPAK) from conducting elections of its Chairperson this month.

Dindi Oscar Okumu further seeks to bar ICPAK from deliberating, preparing and conducting elections of its members of Council pursuant to a notice dated March 30, 2020 issued by the returning Officer as mandated by the its Council.

According to Okumu, if the elections are allowed, they shall not only be a sham but also propel abuse of the ICPAK’s members’ rights.

He adds that if conducted, abuse in the functioning of the institute in delivering its mandate to protect and uphold public interest and regulate the accountancy profession in Kenya will be propelled.

“Unless the respondent (ICPAK) be restrained from preparing and conducting its elections under the Policy, Respondent’s members and the general public are condemned to continue suffering irreparable and devastating losses especially in the finance and accounting sector,”Okumu says.

The resident also wants the court to compel the institute to produce a certified copy of the independent Electronic Voting Auditor’s Report on its voting system or its electronic voting system for independent audit.

The auditors’ report will reveal the accountancy regulator’s suitability for use in their upcoming elections.

So far, the institute has approved candidates to vie for the 2020 council elections to fill one council position that will fall vacant on the date of the 2020 annual general meeting.

Okumu wants the application certified as urgent as ICPAK purports to conduct elections of the chairperson and members of the council pursuant to a notice issued by the returning officer, ICPAK Council of Elections.

To safeguard public interest, Okumu wants Independent Electoral and Boundaries Commission (IEBC), an interested party to conduct the upcoming elections.

“In a bid to safeguard the interests of the Respondent’s members and those of the general public, the Interested Party be ordered/ directed to prepare and conduct the said elections of the Chairperson and members of the Council of the Respondent as and when the said elections become due,” Okumu says.

However, ICPAK chief executive Edwin Makori through Ogembo and Associates Advocates replying the affidavit said ICPAK is governed by a council duly elected by registered members as per section 9 of the Accountants Act.

The election is scheduled to take place on June 5 with campaigns having begun on April 24.

“There is absolutely no basis to again proceed and ask conservatory orders seeking to stop a process being carried out in strict accordance with the governing law and instruments governing the elections,” he said.