Immigration Minister Otieno Kajwang’ has launched a strong defence to save his political career following allegations of professional misconduct.
Mr Kajwang’ wants a suit challenging his integrity to contest the Homa Bay County Senatorial seat dismissed claiming it is frivolous, unfair and suspicious.
“It beats logic that a voter from Vihiga County can file a petition intending to stop the people of Homa Bay County from exercising their right of electing their preferred candidate. We wonder what interest the people of Vihiga have in Homa Bay politics,” said Mr Kajwang’ Wednesday.
The petition was filed by Kituo Cha Sheria and Luka Angaiyo Lubwayo, a voter from Vihiga, claiming Mr Kajwang’ is not fit to hold any public office after being struck off the roll of advocates for professional misconduct.
They argued that the minister does not meet the threshold of integrity required to warrant running for office whether public or elective after he was accused of misappropriating clients’ money and the Law Society of Kenya disciplinary committee found him guilty and struck his name off the advocates' roll.
However, Mr Kajwang through lawyer Assa Nyakundi submitted that the proceedings were instituted in an unfair manner since the petitioners had not bothered to find out why the disciplinary committee decided to reinstate Mr Kajwang as an advocate.
Mr Nyakundi said the minister had suffered the consequences and it was not ethical for any party to bring back the issues after he was cleared by LSK.
His objection was supported by the electoral commission who submitted that the High Court has no jurisdiction to hear the case.
“The procedure of disqualifying a candidate is well spelt out and the petitioners should have first filed their complaint with the IEBC tribunal before seeking the court’s intervention,” said the commission.
The commission argued that the orders being sought had been overtaken by events since the ballot papers for Homa Bay County senatorial seat had been printed and shipped in the country and there is no way they can order reprints.
Mr Lubwayo and Kituo Cha Sheria sought to have Mr Kajwang’ blocked from contesting arguing that being removed from membership of a professional body amounts to lacking integrity and that one must pass that test before contesting in any election.
Mr Kajwang’ was struck off the advocates roll after he was found guilty of misappropriating clients’ money on 9 different occasions between 1999 and 2006.
He, however, applied to be reinstated in July 2012 and in December 2012, the LSK disciplinary committee allowed the request but made recommendations to the Chief Justice that he had to fulfill before being fully allowed to practice.
Justice Isaac Lenaola will give a ruling on March 27.
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