Advocate Ekatarina Handa has challenged the Law Society of Kenya (LSK) Elections Board over restrictions on early campaigning ahead of the election of the society’s Female Representative to the Judicial Service Commission (JSC).
Handa, who is an incoming LSK representative to the JSC, has petitioned the Elections Board seeking the withdrawal of notices issued on August 18 and September 3, 2026.
She argues that the restrictions imposed by the notices unlawfully interfere with lawyers’ constitutional rights, particularly freedom of expression and political participation.
In her petition, Handa disputes the Elections Board’s interpretation of Paragraph 15(3) of the LSK Electoral Code of Conduct (Revised, 2019).
She argues that the provision should not be used to prevent advocates from discussing candidates, expressing their views or participating in legitimate conversations about the leadership of the society.
Handa maintains that the notices amount to an unjustified limitation of rights protected under Articles 33 and 38 of the Constitution.
“The notices are an unjustified limitation of Articles 33 and 38 of the Constitution,” Handa states in her petition.
She also invoked the views of the late Senior Counsel Pheroze Nowrojee, arguing that members of the profession should ultimately be allowed to determine who they consider suitable to represent them.
Handa is now asking the Elections Board to reconsider its position and withdraw the two notices.
The dispute comes as lawyers begin forming alliances, endorsing candidates and expressing interest in the upcoming election for the LSK Female Representative to the JSC.
The representative’s position is established under Article 171(2)(f) of the Constitution and provides a link between the legal profession and the body responsible for key aspects of the administration of justice.
The JSC, which has 11 members, plays a central role in matters concerning the recruitment, appointment and discipline of judges and other judicial officers.
The Female Representative, together with the Male Representative elected by LSK members, therefore occupies an influential position within the commission.
Previous contests for the LSK representatives’ positions have generated legal and professional disputes, including questions over eligibility and whether advocates working in the public sector can contest positions traditionally associated with private practice.
Handa’s petition could now trigger a wider debate within the profession over the balance between regulating electoral campaigns and protecting advocates’ constitutional freedoms.
