“Let Lawyers Decide”: Ekaterina Handa Takes on LSK Campaign Restrictions Ahead of JSC Electio
Advocate Ekaterina Handa
Advocate Ekaterina Handa has formally challenged notices issued by the Law Society of Kenya (LSK) Elections Board, which caution members against undertaking campaign or campaign-related activities concerning the position of Female Representative to the Judicial Service Commission (JSC) before the official campaign period begins.
Handa disputes the Elections Board’s reliance on Paragraph 15(3) of the LSK Electoral Code of Conduct (Revised, 2019), arguing that the provision should not be used to prevent lawyers from expressing their views or engaging in legitimate discussions concerning candidates and leadership choices.
The advocate further invokes the words of the late Senior Counsel Pheroze Nowrojee, stressing the democratic principle that decisions about who is suitable for representative office should ultimately be left to the people rather than a few individuals.
“The notices are an unjustified limitation of Articles 33 and 38 of the Constitution,” Handa states in her petition.
The challenge could trigger a wider debate within the legal profession over the delicate balance between electoral regulations and freedom of expression as the LSK prepares for the forthcoming JSC representative election.
Handa is calling on the Elections Board to reconsider and withdraw the contested notices, setting the stage for an important test of how campaign restrictions are applied within the Society.
