The Institute for Certified Public Accountants (ICPAK) has urged the High court not to stop its election set for May 17.
ICPAK Chief Executive Officer Edwin Makori claims that the petition filed by one of its members-Michael Yator- is meant to cripple the organisation's operations.
Yator's petition relates to the election process for the position of Chairperson and Council Members at ICPAK slated for May 17 to May 20 with the formal declaration of results slated for June 4.
The candidates have been duly nominated and campaigns underway. The petition also relates to the constitutional challenge on the applicable laws and policies governing elections of Chairman and members of council.
Yator claims without the courts intervention, the organisation's elections are set to be conducted under the subsisting By-Laws and policy whose legality is yet to be determined as there has been no reform in the By-Laws to align it to the Constitution of Kenya for over 10 years since the constitution was promulgated.
He seeks to have the organisation ordered to review its By Laws and policy governing elections for this year in order to align it with the constitution prior to conducting elections.
Also sought is an order suspending the conduct of ICPAK Elections and for ICPACK to produce the procurement process, audit report and functionality of the electronic voting technology system intended to be used in the upcoming elections.
In response, ICPAK says Yator was fully aware of the timelines and the processes undertaken to prepare for elections including the 43rd annual general meeting way back in January 2021 but has only chosen to file a petition seeking orders on April 21, approximately 26 days to the commencement of the elections. This according to them is an abuse of the court process.
“There exists no basis for issuance of orders whose effect would be to throw into a spin the tenure of the members of the council and out into turmoil the scheduled Annual General Meeting,” says ICPAK
It argues the election process is being carried out in strict adherence with the governing law and instruments governing the elections to its council.
"It is clear that Yator has been engaged in innuendos, wild allegations with the sole aim of crippling the operations of the respondents and it is now clear Yator has filed the present petition to achieve an ulterior motive,” says ICPAK.
ICPAK has asked the court to decline to stop the election process and maintain the current status quo of the organizations council as that would violate the provisions of the Accountants Act which regulate the procedure and timing of the election of the Chairperson and members of the council of the organization.