The law Society of Kenya (LSK) has opposed the application by lawyer Tom Ojienda to be allowed to vie for nominations as a member of the Judicial Service Commission (JSC) for the second term without the tax compliance certificate.
Through Senior Counsel Paul Muite, LSK urged Justice Wilfrida Okwany not to issue order sought by Ojienda since according to LSK code of conduct the petitioner has to comply with all requirements set out for any candidate vying the position
“The certificate is a requirement for those seeking to represent LSK in the JSC,” Muite submitted.
The court heard that according to the requirements listed by the lawyers body, a candidate must be cleared by KRA and produce a Tax Clearance Certificate to that effect to prove that they have been paying their taxes and that there’s no pending tax liabilities due to the candidate.
The court further heard that deadline for potential candidates to submit their nomination is 10th December this year.
Muite informed justice Okwany that LSK is a neutral body in this dispute adding that there is no evidence that has been table in court to show that LSK has tried to or intended in any way to lock out Ojienda from vying as a JSC member.
LSK has received numerous nomination forms from different candidates, however Ojienda, who is currently a JCS member is yet to tender his nomination papers for considerations,” said Muite.
In the case, the lawyer wants the court to order the taxman to issue him with a compliance certificate for 2018/19 in for him to be able to vie for the second time.
KRA has declined to issue him the certificate over alleged tax arrears amounting to hundreds of millions of shillings.
The court will deliver the ruling on whether Ojienda will be issued with the certificate on Tuesday 4th.
