High Court stops Kenya Judicial Staff Association elections

The elections were slated for May 25, 2024.

While issuing the orders stopping the elections, Justice Lawrence Mugambi directed that parties file their submissions, adding that the petition shall be dispensed by way of evidence.

"Conservatory orders are allowed as prayed pending hearing and determination of the petition," the court ruled.

In the case, four applicants — Vincent Gikunda, Oscar Soi, Frank Megiri, and Linet Murugi — moved to court, saying that they are aggrieved by the decision of the respondents to bar legitimate candidates from participating in the elections and affairs of the Association.

Through lawyer Shadrack Wamboi, the applicants, who are also members of KJSA, argue that no AGM was conducted during the pendency of the present elections.

Further, they want the court to determine whether the application of Rule 3(1) KJSA Rules & Regulations for Conducting National Office Elections 2024 in the current elections is unilateral, unfair and an infringement of Articles 10, 27, 28, 36, 38 and 47 of the Constitution.

Lawyer Wamboi argues that rule 3(1)a of the Election Regulations passed on 16th December 2023 requires that a member will only be eligible for elections if they have attended three annual general meetings and have been members for the past three years. It is their argument that the rule cannot apply backwards.

“It is wrong to come up with a rule that looks backwards and to refuse to approve the applicants for their lack of compliance to a rule that was not there,” argues Wamboi.