MARAGA SUCCESSION

How battle to influence JSC nominee has escalated LSK wars

JSC to nominate new chief justice and two supreme court judges

In Summary

• The Star has established that about six women lawyers have submitted their nomination papers for the job.

• LSK rocked by factional wars, one supporting current President Havi and the others who are bitterly opposed to his leadership and have relentlessly pushed for his ouster.

LSK President Nelson Havi.
LSK President Nelson Havi.
Image: FILE

The election of Law Society of Kenya female representative to the Judicial Service Commission ahead of the recruitment of a new Chief Justice is part of the squabbles that are threatening to ruin the society.

LSK has been rocked by factional wars, one supporting current President Nelson Havi and the others who are bitterly opposed to his leadership and have relentlessly pushed for his ouster.

The new LSK representative will replace Mercy Deche and will be part of the team to recruit David Maraga’s successor as the country’s Chief Justice.

The JSC will also recruit two Supreme Court Judges to replace Jackton Ojwang and Philip Tunoi who have since retired from the seven-member bench.

The Supreme Court has become a critical arbiter in the country’s hotly contested presidential polls and its almost given the 2022 race will end up in court.

In the 2017 elections, the court nullified the election of President Uhuru Kenyatta prompting another election.

Interested parties both in government and outside have always wanted to control JSC it influences many issues including the posting of judges and other judicial officials.

The Star has established that about six women lawyers have submitted their nomination papers for the job.

Among the applicants include Julie Soweto, Anna Cherono Konuche, Christine Kawira Ungu, Christine Kipsang, Jacqueline Ingutah, Jane Nyaboke, Maria Goreti Nyariki and Mercy Aoko Otieno.

Another seven lawyers are battling to the position of member of the advocates' disciplinary committee.

These are Andrew Kituyi Wafula, EricOnyango K’omolo, Eunice Luallas, John Mugwimi Chigiti, Joel Kihang’a Mwangi, Keneth Mutuma and Paschal Peter Oyuko Mbeche.

On Monday, LSK’s special annual general meeting degenerated into chaos and ended in near first fights.

Havi claims eight council members opposed to him were suspended during the meeting. However, his opponents say the entire council was sent packing.

The matter has gone to court amid claims of procedural breach.

The LSK elections for JSC representative are slated for next month.

It has emerged that lawyers are also divided along national political lines, pitying those supporting Tangatanga against the handshake brigade.

Already Chief Magistrate Evelyne Olwande has been elected as a representative of the Kenya Magistrates and Judges Association (KMJA) to the JSC.

The LSK female nominee will join commissioners Justice Philomena Mwilu, Mohamed Warsame, Prof Olive Mugenda, Felix Koskei, Patrick Gichohi, Attorney General Paul Kihara, Macharia Njeru, Olwande and David Majanja.

Anne Amadi is the Chief Registrar of the Judiciary and the secretary of the commission.

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