Advocate Ekatarina Handa, LSK representative to the Judicial Service Commission (JSC)/HANDOUTAdvocate Ekatarina Handa, LSK incoming representative to the Judicial Service Commission (JSC), has petitioned the Law Society of Kenya Elections Board over notices restricting early campaigns and campaign-related activities ahead of the forthcoming election for the Female Representative to the JSC.
In her petition, Handa is seeking the reconsideration and withdrawal of notices dated August 18 and September 3, 2026, arguing that the restrictions unjustifiably limit members' constitutional freedoms.
Handa challenges the Elections Board's interpretation of Paragraph 15(3) of the LSK Electoral Code of Conduct (Revised, 2019), arguing that it should not be applied in a manner that prevents lawyers from expressing their views or engaging in legitimate discussions concerning candidates and leadership.
She further cites the words of the late Senior Counsel Pheroze Nowrojee, emphasising that decisions on who is suitable to represent members should ultimately be made by 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 move puts the LSK Elections Board in the spotlight and could ignite a broader debate within the legal profession over freedom of expression, electoral regulations and the limits of campaign restrictions.
Handa is now calling on the Elections Board to reconsider its position and withdraw the notices.
The LSK Female Representative sits on the JSC pursuant to Article 171(2)(f) of the Constitution of Kenya to champion judicial accountability, transparency, and the administration of justice.
Legal practitioners and advocates have begun preliminary alignments and endorsements within the bar, with figures declaring active interest and bids for the upcoming professional ballot.
The outcome of this professional ballot directly shifts the internal balance of the 11-member Judicial Service Commission (JSC).
Positioned alongside the Male LSK Representative, the Female Representative serves as a vital bridge between the practicing bar and the judicial bench. Historically, this position is intensely contested because the representative holds significant leverage in evaluating, recruiting, and disciplining judges and magistrates.
Past election cycles have triggered legal battles concerning the corporate representation of the bar-specifically focusing on whether candidates should come strictly from private practice or if public sector lawyers are eligible to compete.
