The High Court has revoked the appointment and nomination of lawyer Dorothy Jemator. President Uhuru had selected Jemator as a panelist of the Independent Electoral and Boundaries Commission.
Despite a faction of the Law Society of Kenya members choosing her, Justice George Odunga rejected the nomination and appointment.
During the ruling, Mr Odunga said lawyer Morris Kimuli was better off representing LSK because he was Nelson Havi’s preference.
Odunga’s ruling is a big win for Havi, who’s trying to assert his position in the society after 13 council members tried suspending him over gross misconduct.
Following the court’s decision, the panel is expected to present Mr Kimuli’s name to become part of the selection panel as a representative of LSK.
According to Justice Odunga, LSK’s President Nelson Havi forwarded Kimuli’s name to PSC on April 16, 2021. The CEO, however, went against Havi’s choice and presented Jemator’s name on April 21.
The justice ruled on a petition presented by lawyer Alfonse Kilonzo who questioned PSC’s decision to forward Jemator’s name to the Head of State.
Two different nominations
The judge ruled PSC didn’t contest receiving a second nomination after Mr Nelson Havi had presented his name.
PSC’s contentions came from receiving two sets of nominations and not deciding which name to support. National Assembly Speaker Justin Muturi chairs the commission in charge of determining the names.
During the court session, Justice Odunga said PSC failed to honour LSK’s President’s decision and favoured the latter one. The judge said PSC’s role was to take the name to President Kenyatta.
“The body does not have the mandate to decide the best candidate as chosen by LSK. Having received Kimuli’s name first, it was right them to present the name to the Head of State,” stated the judge.
The judge further added PSC acted in excess of its powers by mediating between Kimuli and Jemator. The petitioner fighting Jemator’s nomination said she’s State Officer holding posts in three government offices.
Ms Jemator serves as a member of the Building Bridges Initiative, serves in the HIV and AIDS tribunal, and a judicial officer in the Energy and Petroleum Tribunal since March 3, 2020.