Sunday, February 12, 2012

New era LSK polls fail affirmative action test



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FILE  | NATION A lawyer casting her ballot in Eldoret during elections to pick LSK representatives to the Judicial Service Commission last October. The election of LSK officials will be carried out through secret ballot.
FILE | NATION A lawyer casting her ballot in Eldoret during elections to pick LSK representatives to the Judicial Service Commission last October. The election of LSK officials will be carried out through secret ballot. 
By NYAMBEGA GISESA engisesa@yahoo.com
Posted  Saturday, February 11  2012 at  22:30
IN SUMMARY
  • Elections to be free of factional battles as the only two candidates for top seat are from regions that mainly support PNU
Despite the charged atmosphere as the country prepares for the first General Election under the new Constitution, the Law Society of Kenya (LSK) elections to be held this week promise to be free of the usual factional battles.
There are only two candidates — John Mburu and Erick Mutua — vying for the seat of LSK chairman, and observers say the two come from regions where support for PNU is high, saving lawyers the usual fights when the country’s politics becomes a factor.
The election of a new bar association chairman will be done through secret ballot for the first time since its formation in 1948. 
Last week, the Independent Electoral and Boundaries Commission (IEBC) that will conduct the elections finalised preparations for the voting to be held on Thursday.
In a break with the past when lawyers voted and posted ballots to the secretariat in Nairobi, voting will be conducted in 17 High Court centres, in places where there is a high concentration of lawyers and in towns with more than 40 lawyers.
Only lawyers who have a practising certificate for the year 2011 will be allowed to vote. The rules and regulations governing the campaigns were heavily borrowed  from the system used during the picking of the LSK’s nominees to the Judicial Service Commission.
Lawyers Ahmednasir Abdullahi and Florence Mwangangi were chosen.
With less than four days remaining before lawyers vote, the campaigns have taken the old verses and given them a new spin.
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Mr Mburu, a first- time Law Society of Kenya council member, faces experienced and three-time council member Mr Mutua.
Mr Mutua conducted his campaign using  “decent means”, according to his supporters, emailing his manifesto to lawyers, visiting them in offices and hosting town hall meetings.
On the other hand, Mr Mburu employed a more youthful approach, choosing to supply lawyers with calendars, holding town hall meetings, and hosting luncheons and parties for young lawyers.
There are also various candidates running for other positions.
Ms Renee Omondi is battling it out with the current vice-chairman, Ms Florence Kajuju.
Thirty-one aspirants are vying to fill seven seats on the council, five candidates for two upcountry positions, two for the one Coast representative seat and nine to fill two positions at LSK’s disciplinary committee.
But normally, it’s the chair that attracts more attention because its occupier is the face of the lawyers’ bar association.
Aspirant Mutua is credited with initiating the reforms, that abolished the previous method of electing officials through posting of ballot papers to secret ballots, which will be used for the first time. He is also credited with handling a case that blocked lawyers from paying fees to local authorities.
“I am the reason why we are doing this election through secret ballot, and this is a very important period and step for LSK,” Mr Mutua said.
But some lawyers feel that Mr Mburu offers the best chance for restoring LSK to its glorious past. This is the first time he is serving on the LSK council, unlike Mr Mutua, who is in his third term.
One has to be on the council in order to be elected to a leadership position.
“Everything is changing. The Constitution, Judiciary, banks and even police reforms are ongoing. The legal profession must also change. I am asking lawyers to vote me in because I represent that change,” Mr Mburu told the Sunday Nation.
It is expected that the new leadership of LSK will inject freshness and vigour to the almost moribund body.
“We would like an LSK that will push for the full implementation of the Constitution, fight corruption in courts and Lands ministry,” Mr Irungu Kangata, a lawyer, said.
LSK is mandated to advise the government on matters of law that cut across the political spectrum and also offers the same to the public. It also takes care of the welfare of lawyers and works towards improving the practice of law. But despite a changed voting system, it will take a lot more to rejuvenate what was once an influential body.
Already, the law body, which has traditionally packaged itself as the champion of justice and fairness, has started slightly on the wrong foot after it failed to agree to a proposal by the electoral body to adhere to the constitutional threshold for women’s representation.

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