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Nelson Andayi Havi v. Law Society of Kenya, Attorney General, Appolo Mboya & Fred Ojiambo

(2018) JELR 98481 (CA)

Court of Appeal  •  Civil Application 28 of 2018 (Ur 26/2018)  •  20 Feb 2018  •  Kenya

Coram
Daniel Kiio Musinga, Patrick Omwenga Kiage, Kathurima M'inoti

Judgement

RULING OF THE COURT

The applicant, Nelson Andayi Havi, is an advocate of the High Court of Kenya and a member in good standing, of the 1st respondent, the Law Society of Kenya (LSK). LSK is a statutory body established by the Law Society of Kenya Act, (the Act) and is responsible for, among other functions, regulation of the legal profession in Kenya. The applicant signed the Roll of Advocates on 12th June 2003 and obtained his first practicing certificate on 19th June 2003. The affairs of LSK are run and managed by a council comprising a president, a vice president and 11 other members, all elected by members of LSK for a term of two years. The next elections of president and members of council for the period 2018 to 2020 are scheduled for Thursday, 22nd February 2018.

The qualifications for election as president of LSK are set out in section 18(1) of the Act, which provides as follows: -

“18(1)A person is eligible for election as the president or vice-president if the person-

a. is a me…

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