Celebrated lawyer Prof Tom Ojienda has lawyers to thank following dramatic voting on Saturday at Bomas of Kenya that successfully amended Law Society of Kenya constitution.
Before the Annual General Meeting, Ojienda risked being locked from defending his LSK Male Representative position, following KRA's decision to deny him tax compliance certificate.
But through youthful lawyer Nelson Havi, Ojienda seems to have survived after majority lawyers removed the clause that compels contestants to have both tax compliance and HELB clearance certificates.
"LSK members have by a majority of 287 against 190 removed Tax Compliance Certificate and HELB Clearance Certificate under Section 6 (1) & (2) of LSK Electoral Code of Conduct 2018 in eligibility for Society elections. State operatives won’t have say in nominations for elections," wrote Nelson Havi.
While defending the move, he added: "In any constitutional democracy, the majority must have their way, much as the minority should have their say. We outvoted State sponsored pro status quo members of LSK on every motion and vote with 287 for us and 190 for them. Let the Executive leave LSK affairs to Advocates."
The decision now means Prof Ojienda will be on ballot as he seeks to extend his term in office. He defeated renowned lawyer Ahmednassir Abdullahi in 2015 during the society elections.
Prof Ojienda is now likely to join Judicial Service Commission, which is mandated to look at among others, recruitment of judges and disciplining them. The Commission constitutes of 11 members with Chief Justice as the chairperson.
But lawyer Donald Korir has opposed the outcome of Saturday's voting, insisting that lawyers should have set the bar high when it comes to matters Integrity.
"Role Of Law Societies in every Country is to raise the “Moral Bar” in practice of the Law & public leadership ... When 290 Lawyers in a Society with 10,000 Members want to not not lower but to remove this Bar, then surely the Gates Of Hell are Open! We are riding a Tiger’s Tail!" he argued.