City Lawyer Tom Ojienda will be barred from vying for another term as a member of the Judicial Service Commission (JSC) if a lawsuit filed by the Law Society of Kenya (LSK) succeeds.
LSK, through lawyer Paul Muite, filed a suit asking the court not to clear the lawyer unless he presents a tax compliance certificate.
Appearing before Justice Wilfridah Okwany, Muite argued that JSC, which is led by Chief Justice David Maraga, is a public office that should conform to the requirements of Chapter Six in the constitution.
“If the court accepts Ojienda’s application without a Tax compliance Certificate, what happens to the other nominees,” the lawyer told the court.
He, however, clarified the society he represents does not have a preferred candidate and only calls for all nominees to be subjected to the same criteria.
The commission requires that all members joining it must have a certificate of tax compliance which proves that they have been paying taxes and do not have KRA liabilities.
KRA, on the other hand, has declined to issue the lawyer with a compliance certificate owing to the numerous cases he is facing in court.
The authority claimed that the top lawyer barred them from accessing his records and the only way they could issue the certificate was if he lifted the orders.
The lawyer is serving as a member of the JSC with next elections slated for 2019.
Ojienda is currently representing former Nairobi Governor, Evans Kidero, who is being investigated by EACC for allegedly embezzling funds.
