High Court Halts Kenya Judicial Staff Association Elections
In a significant development, the High Court has intervened to halt the forthcoming elections of the Kenya Judicial Staff Association (KJSA) until the hearing and determination of a case filed in court. Scheduled for May 25, 2024, the elections have been put on hold following the court’s ruling.
“Conservatory orders are allowed as prayed pending hearing and determination of the petition,” the court decreed.
The case, brought before the court by four applicants — Vincent Gikunda, Oscar Soi, Frank Megiri, and Linet Murugi — challenges the decision of the respondents to bar legitimate candidates from participating in the elections and affairs of the Association.
Represented by lawyer Shadrack Wamboi, the applicants, who are also members of KJSA, contend that no Annual General Meeting (AGM) was conducted during the current election period. They further urge the court to ascertain the validity of Rule 3(1) of the KJSA Rules & Regulations for Conducting National Office Elections 2024, asserting that its application in the present elections is arbitrary and violates various articles of the Constitution.
Lawyer Wamboi argues that Rule 3(1)(a) of the Election Regulations, passed on December 16, 2023, imposes eligibility criteria retroactively, demanding members to have attended three previous AGMs and maintained membership for the past three years. He argues that such retroactive application is unjust and unconstitutional.
“It is unjust to enforce a rule retrospectively and reject the applicants for non-compliance with a rule that did not exist previously,” contends Wamboi.
The court’s intervention underscores the importance of upholding fairness and constitutional principles in the electoral process, ensuring equitable participation and representation within the Kenya Judicial Staff Association.
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High Court Halts Kenya Judicial Staff Association Elections
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