The High Court in Nakuru on Friday declined to stop process of electing a new Law Society of Kenya (LSK) secretary general pending the hearing of preliminary objectives of the petition.
Justice Maureen Odero said that the court cannot grant orders to stop the procedure of recruiting for the position saying the process follows several steps and procedures.
Brenda Masinde, through her lawyers Lawrence Karanja and Kipkoech Ngetich filed the case against the LSK before the court seeking to stop the procedure of recruiting a new secretary general to replace the current, Apollo Mboya, saying that the additional qualifications are discriminatory and against the law.
Masinde who is contesting for the position says that the additional qualification which required the interested candidate to have been a certified public secretary for at least five years is discriminatory and disregarded her constitutional rights.
In a petition filed on September 25, Masinde deemed the move by the LSK as unlawfully and illegal saying the requirements do not conform to the LSK Act, 2014.
On August 20, LSK advertised for the position in the dailies where the candidates are required to have at least attained 10 years’ experience, having been a certified public secretary for the last five years.
The petitioner seeks orders from court to quash the process of recruitment until the requirements are reviewed claiming the society is setting the stage to ruin the elections.
They also seek the court to declare the actions of the LSK as illegal, discriminatory and violates constitutional rights of Masinde who is vying for the position.
Justice Odero said that further directions will be given by the court after the two parties have exchanged their submissions and preliminary hearing of the objections done.
The case will be mentioned on October 9.