Petition seeks ouster of LSK boss over 'illegal' poll

A UK-based activist has filed a High Court petition seeking the removal of Law Society of Kenya (LSK) President Faith Odhiambo, alleging her 2024 election was illegal, unconstitutional, and overseen by an improperly constituted IEBC.

In the suit filed at the Milimani Law Courts, Eliud Karanja Matindi argues that Odhiambo’s election, alongside those of over 20 other LSK officials, was unlawful as it was conducted by the IEBC, which lacked legally appointed commissioners at the time.

“IEBC had no commissioners in office for a period exceeding two years following the 2022 General Elections,” states the petition, adding that “no lawful electoral process could have been conducted during that vacuum.”

According to Matindi, the elections held on March 5, 2024, for LSK Council members, the LSK representative to the Judicial Service Commission (JSC), and members of the Advocates Disciplinary Tribunal (ADT) were illegal and unlawful from the beginning because the electoral body lacked the quorum and constitutional authority to conduct or supervise the exercise.

The activist seeks the immediate removal of LSK President Odhiambo, her Vice President Mwaura Kabata, and all elected officials named in the suit — respondents 3 to 22 — including prominent lawyers such as Teresia Nicholas, Gloria Wangui Kimani, Stephen Mbugua Wanjiru, and Tom Oduo K’Opere, among others.

“Their continued stay in office undermines the rule of law and the integrity of Kenya’s legal institutions,” Matindi asserts in his affidavit.

“Having been ‘elected’ to their respective offices in contravention of the Constitution and the law, the 3rd and 22nd respondents hold their respective offices in contravention of the Constitution and the law. Any decisions they have made while holding those offices, individually and collectively, have been made without constitutional and lawful authority, rendering the same invalid,” Matindi states.

The petition also seeks orders compelling the removal of Odhiambo, Mwaura, and 19 other elected LSK officials, and the recovery of all salaries and benefits paid to them while in office.

The IEBC is listed as the 1st Respondent and is accused of participating in “sham elections” without legal authority.

“Despite knowing that there was no Act of Parliament prescribing IEBC to conduct or supervise its elections and that IEBC had no commissioners in office, the LSK facilitated the claimed elections and adopted their outcome. This was a violation of the Constitution and the law, including its own constitutive Act of Parliament,” the petition reads.

“This renders its involvement, and all outcomes arising from it, unconstitutional.”

Matindi argues that under Article 88(4) of the Constitution, the IEBC is only authorized to conduct elections to constitutional offices or other elections expressly prescribed by an Act of Parliament.

However, he contends that no such Act designated the IEBC to supervise LSK elections.

Instead, he cites Section 20 of the LSK Act, which empowers the LSK Council to propose, and its general meeting to approve, a body to conduct its elections — not the IEBC.

“Neither Section 20 of the LSK Act nor Regulation 26 of the Kenya Law Society (General) Regulations qualifies as the Act of Parliament contemplated by Article 88(4) of the Constitution,” argues Matindi.

“Only Parliament, not the LSK general meeting, can enact such law.”

He further accuses the LSK (2nd Respondent) of knowingly colluding in the illegality and allowing the elections to be conducted.

“The Law Society of Kenya facilitated these elections despite knowing IEBC lacked commissioners and no statute empowered IEBC to supervise LSK elections,” the petition reads.

“This was a direct violation of its mandate to uphold the Constitution and the rule of law.”

The petitioner has also included the Secretary and CEO of LSK (23rd Respondent) Florence Muturi, seeking orders to compel her to recover all public funds paid as salaries or benefits to the 3rd to 22nd respondents during their time in office.