Lawyer files suit to bar Ojienda from JSC May elections

A lawyer has sought court orders seeking to bar Tom Ojienda from seeking a seat at the Judicial Service Commission (JSC).

Mark Ndungu accuses Law Society of Kenya of having breached the Constitution and the LSK Act when it approved Prof Ojienda’s candidature for the election slated for May 9 without a tax compliance certificate.

The petitioner claims that the LSK council ignored the report by an independent vetting body that Prof Ojienda be disqualified due to a tax compliance hitch and Irungi Gathi for submitting documents late.

“An order of prohibition do issue prohibiting the Independent Electoral and Boundaries Commission from conducting the Law Society of Kenya election of its male representative to the Judicial Service Commission with the names of Professor Tom Ojienda and Irungu Gathi in the ballot papers,” read one of the orders he sought.

He has also sought temporary orders suspending the upcoming elections pending hearing and determination of the case.

This suit is yet another hurdle thrown on the path of Prof Ojienda who is seeking his re-election to the JSC.He got a reprieve on December 4, 2018 after the High Court directed the Kenya Revenue Authority to issue him with a tax compliance certificate pending determination of a tax dispute pending in court.

The Court of Appeal on February 6 suspended the High court orders. The petitioner claims that the LSK council approved Prof Ojienda’s nomination on February 11, which he says violated its own rules and laws.

The KRA had refused to issue Prof Ojienda with tax clearance, claiming he owed Sh443.6 million tax arrears. The other candidates are Alex Gatundu, Charles Mongare and Macharia Njeru.

Prof Ojienda, the LSK and other candidates enjoined as parties are yet to respond to the suit.