Lsk Has Plenty Of Lessons For Kenya General Election

The Law Society of Kenya (LSK) election lived up to its billing this week as it maintained the consistency of non-ethnic voting, the more reason why two candidates from the western region Faith Odhiambo and Peter Wanyama garnered more than 70 per cent of the total votes cast. Faith even won convincingly in voting stations like Nyeri.

Those suggesting that ethnic voting was a factor in the elections misses the point as it played an almost miniscule part among the LSK electorate.

The key consideration, especially for the post of president, has all along been the fearlessness of a candidate who wont get into bed with the government. This is what informed the election of previous LSK chairmen like Chief Justice Emeritus Willy Mutunga, Paul Muite, Gibson Kamau Kuria, Ahmednasir Abdullahi and many others.

The election happened at a time the independence of the Judiciary has been under attack from the Executive and candidates knew that the difference between winning or losing would be in being independent, fearless and being ready to take on the government, in defence of the rule of law. Could this be where Wanyama, who came in second, lost it?

He concentrated on issues to do with advocates welfare which largely cannot be achieved if the independence of the Judiciary mothership is not assured. Advocates welfare can only be taken care of adequately if the level playing field in our courts is even and not compromised by the Executive. It is only in such an environment that young advocates, who make up the biggest LSK constituency, can thrive.

Interestingly, any candidate campaigning on a message of being non-aligned in the Kenyan political landscape, would undoubtedly be perceived as a fence-sitter who cant lead an association whose core mandate is protection of the rule of law and human rights.

The LSKs mandate positions it directly at loggerheads with the government as it plays the pivotal role of oversight, just like the opposition political parties do. LSK, therefore, has to, by nature and necessity, inch closer to the opposition most of the time. It is clear that Wanyama appreciated the fact that he lost because he was perceived as being government-phile.

As for the LSK male representative at the Judicial Service Commission, I think Eric Theuri lost a seat that was his for the taking. The sense of entitlement on his part pushed voters to Omwanza Ombati who, together with his entourage, made extensive direct visits to advocates chambers soliciting for their votes and asking their opinions.

I believe Theuris attitude was his undoing and sat pretty assuming that he had triumphed.

Omwanza overtook him despite the unfounded allegations that he was also pro-government. Most advocates also felt it was time to give somebody else an opportunity in the LSK leadership and break the monopoly. It is, however, not in doubt that Theuris election, save for the missteps made, was initially a foregone conclusion. It was his to lose as he rode on the platform of offering the independence expected of the office holder, and boasted of a sterling, distinguished service at the helm of LSK.

What, therefore, cuts across all LSK elections, unlike the Kenyan General Election, is the fact that advocates do not vote along ethnic lines. They weigh and analyse candidates and make correct, informed, meritorious decisions as expected of the learned friends that they are.