LSK Election Board Challenged To Remove Campaign Restrictions Ahead of JSC Women’s Representative Election

Taifa news 

Macharia David 

 Ekatarina Handa, an active member of the Law Society of Kenya (LSK) and a candidate for the position of the society’s women’s representative on the Judicial Service Commission (JSC), has called for the immediate withdrawal of notices restricting campaign-related activities ahead of the forthcoming election.

Handa is seeking to succeed the incumbent women’s representative, whose three-year term is set to expire

As an active LSK member, she has participated in the society’s affairs and said her decision to contest the position is motivated by the need to strengthen the voice of women advocates and promote accountability, transparency and effective representation within the JSC.

She contends that the notices issued on September 3 and 24 are unconstitutional, arguing that they violate Articles 33 and 38 of the Constitution, which protect freedom of expression and the right to participate in public affairs.

 While presenting the petition at the LSK Secretariat offices in South C, Nairobi, Madam Ekatarina Handa, an active LSK member and candidate for the forthcoming JSC women representative election, called on the elections board to review the notices issued on September 3 and 24 and ensure a fair, transparent and level playing field for all candidates.

Handa said candidates should be permitted to communicate with LSK members and the public about their qualifications, programmes and the JSC position, provided that such communication does not constitute hate speech, incitement to violence or any other form of constitutionally restricted expression. She maintained that responsible engagement with voters is an essential component of a democratic election, enabling members to assess candidates’ experience, priorities and suitability for office.

She argued that the restrictions could unfairly disadvantage candidates by limiting their ability to introduce themselves, articulate their positions and respond to concerns raised by LSK members. According to Handa, the election should be conducted under clear and reasonable rules that promote a level playing field, rather than through blanket restrictions that suppress legitimate campaign communication.

She also challenged the legal basis of the restrictions, arguing that Regulation 15(3), cited by the Elections Board, neither creates an offence nor prescribes a sanction or procedure for imposing a penalty. In her view, the provision cannot lawfully be used to penalise candidates or members without clear notice of the prohibited conduct and the consequences of breaching the rule.

Handa further questioned the validity of the Electoral Conduct Regulations, arguing that they constitute statutory instruments that should have undergone public participation and been tabled before Parliament in accordance with the Statutory Instruments Act. She said the Elections Board must demonstrate that the regulations were properly made, approved and communicated before relying on them to limit candidates’ rights.

She urged the Elections Board to withdraw the notices and allow candidates to engage freely with members ahead of the election. Handa said any campaign guidelines should be narrowly tailored to prevent misconduct while preserving lawful debate, access to information and the right of LSK members to make informed choices.

Handa warned that she would move to court if the notices remain in force, saying she was prepared to defend her constitutional rights as a candidate and the public’s right to access information about those seeking the JSC position. She said the proposed legal action would seek clarity on the Elections Board’s powers and ensure that the election is conducted in accordance with the Constitution, the law and the principles of fairness.