Former High Court Judge Mary Ang’awa has won the first round of a court battle with Nairobi Club after the club was ordered to reinstate her.
The ex-judge had moved to court challenging the decision by the club to expel her and two others.
Justice James Makau ordered the club to reinstate Ang’awa, Jane Thirikali and Prof Joseph Kieyah and allow them to participate in the annual general meeting scheduled for Friday until the case is heard and determined.
The three will, therefore, take part in the election of the club's new officials.
Ang’awa, Thirikali and Kieyah have jointly sued the club and its CEO, arguing that they were unlawfully expelled despite an order barring the club from doing so.
The former judge says in an affidavit that she is a life member of the club and cannot be expelled in the manner adopted by the CEO.
The three say unless their membership is reinstated, they will be disenfranchised and deprived of their fundamental freedom of association.
“Despite the order and in complete contravention of their rights to the membership of the club they were expelled as members and were denied access to the club,” the court documents read.
Ang’awa says the decision to expel them amounts to rigging the forthcoming elections since they will be denied the chance to vote.
“The club has posted our illegal expulsion on the notice boards of the club and all affiliate clubs notifying the members that we are not welcome,” the former judge claims.
The inter parte hearing of the case will be on July 22.
(Edited by R.Wamochie)
