The High Court Wednesday suspended the election process for the President of the Pharmaceutical Society of Kenya (PSK) following an application filed challenging the process.
Justice Lawrence Mugambi ordered a halt to the process after the current vice president of the organization Dr. Joseph Murithi Kathare moved to court alleging his candidacy was unjustly blocked.
The suspension order stops the PSK from printing or distributing ballot papers, conducting the election, and swearing in any candidates for the President position, as initially declared in a notice issued by PSK on August 19, 2024.
Mugambi further directed the PSK and the national election board of PSK to be served with the application within three days.
The respondents are then required to file and serve their responses within three days after being served, allowing Dr. Kathare to file a rejoinder within an equal time frame
“Pending the hearing inter-parties of this application, a conservatory order be and is hereby issued restraining the Respondents from printing ballot papers, distributing ballot papers, conducting elections for the position of the President of the Pharmaceutical Society of Kenya, swearing in or carrying out any activities to fill the aforesaid position as declared by the notice issued by the 1st respondent dated 19th August 2024,” ruled Mugambi.
In the petition filed under certificate of urgency, Dr. Murithi, claims he followed all required procedures after PSK issued a call for nominations on August 19.
“I duly submitted my nomination forms, fully filled and signed, with endorsements from my colleagues,” argues Murithi.
He alleges that he was “shocked” to learn that his application had been rejected for what he describes as “flimsy grounds.”
Upon receiving the rejection, Dr. Murithi sought to appeal.
Although PSK initially agreed to hear his case on September 20, he alleges he was denied critical information needed to prepare and that PSK “flatly refused” his requests to be represented at the appeal hearing.
“Despite making a desperate plea to present the hard copies of documents they questioned, I was not given a fair chance to respond,” he argues.
He said the appeal proceeded in his absence and was dismissed, a decision he claims violates his constitutional rights to procedural fairness and a fair hearing.
“If the PSK elections proceed without my participation, my right to contest and represent my colleagues will be permanently lost,” Dr. Murithi told the court.
“I am a fully compliant and paid-up member, and I have the right to be heard and treated fairly.”
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