The petition challenging the Law Society of Kenya (LSK) Secretary General election will proceed to a full hearing, the High Court has ruled.
The High Court in Nakuru on Thursday ruled that the preliminary hearing of objectives and submissions of the petition lack merit and the case will proceed to full hearing.
On October 2, the same court declined to stop process of electing a new LSK secretary general pending the hearing.
Lady Justice Maureen Odero said the court could not 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 eyeing 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 of experience and having been a certified public secretary for 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.
The petitioner also wants the court to declare the actions of LSK as illegal, discriminatory and violates her constitutional rights.
The case will be mentioned on October 29 for for highlighting of submissions and further directions.