City Lawyer Shadrack Wambui has moved to court stop the upcoming LSK elections arguing that the LSK elections board decision to lock him out of elections was unlawful.
Wambui has appealled the decision of the LSK elections board to lock him out of the upcoming elections.
The board on Friday night dismissed the complaint filed by Wambui challenging their decision to remove his name from the contestants for the Nairobi Representative in the 2024 LSK Council position.
LSK Election Board locked Wambui out of the elections on grounds that one the lawyers who nominated him practices in Mombasa and not Nairobi.
In court papers filed at the Milimani court, Wambui says unless grants a temporary order of injunction stopping the elections or the preparation of the elections of the Nairobi Representative 2024-2026, his case would be nugatory.
“LSK Nairobi Representative 2024-2026 is slated for the 29th February 2024 and it is reasonably expected that the Respondents could/will proceed with the process of printing the ballot papers to the exclusion of the candidacy of the Applicant during the pendency of this instant appeal which has a high chance of success,”
In his appeal, Wambui says that the board erred in its decision to dismiss his complaint which locks him out of the race.
Through lawyer Alex Mola, Wambui says on February 2, shared its irregular decision to his email address one day past the 14 days’ timelines set under Regulation 44(6) of the LSK General Regulations 2020 to the prejudice of his right of appeal.
Wambui says the decision to lock him out because of one of his nominees not being a practicing lawyer in Nairobi is invalid claiming Lawyer Justus Munyithya has an office at AGIP House.
According to court papers, on January 17 2024 before the decision invalidating his nomination on January 18 was made, Munyithya had, through the invitation of the LSK CEO/Secretary to all its members, written to board informing them of his desire to transfer his voting centre from Mombasa to Nairobi.
He says the lawyer has since moved his principal practice to Agip House Nairobi Room 205 and was in employment as a full-time lecturer at the Kenya School of Law located in KarenNairobi
“Consequently, the board relied on irrelevant considerations as at the time it was making its impugned decision on the 18th January 2024, it was well aware that the Applicant’s nominee had on the 17th January 2024 transferred his voting centre from Mombasa to Nairobi and was therefore qualified to be elected to the office to which the nomination relates,” reads court papers.
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