Court dismisses Nelson Havi's bid to contest LSK presidency

A file photo of lawyer Nelson Havi leaving the Milimani law court. /THE STAR
A file photo of lawyer Nelson Havi leaving the Milimani law court. /THE STAR

The High court on Monday dismissed lawyer Nelson Havi's application to be allowed to contest the LSK presidency.

The lawyer had moved to court challenging the decision by the Law Society of Kenya to bar him from vying for the body's top seat on grounds he is not qualified.

According to Article 166(3) (b) of the LSK Act, 2014, one cannot vie for the seat of president of LSK unless he has practised for a minimum of 15 years.

Havi was on December 13 barred from contesting the seat for failing to meet the minimum experience threshold.

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He moved to court on December 20 seeking to stop the February 12 polls until he is allowed to vie.

While dismissing the suit, Justice John Mativo said the court cannot interfere with the rules of an organisation.

Havi was admitted to the bar on June 12, 2003, and will have attained the required years of experience on June 12, 2018.

This will be over three months after the election date and over two months after the latest date at which the elected council shall assume office.

LSK chief executive Mercy Wambua told Havi on December 13 that he was also blocked from vying because he does not hold the necessary qualifications to be a judge of the Supreme Court in line with LSK laws and the Constitution.

In his suit, Havi had wanted the court to declare Section 18 (1) and Section 2 (a) of the LSK Act unconstitutional as it discriminates on the basis of age and status for the election of president, vice president and council member.

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