Havi’s troubles far from over as LSK members call meeting to discuss his conduct
The leadership wrangles at the Law Society of Kenya (LSK) appear to be far from over after 1,000 members called for a Special General Meeting (SGM) to discuss the conduct of embattled President Nelson Havi.
Consequently, the society’s CEO Mercy Wambua has called for a SGM on July 30.
The disgruntled members sent a notice to Wambua demanding that she convenes the SGM under Section 31(1) (a) of the Law Society of Kenya Act. No. 21 of 2014.
The members also demanded that a neutral person chair the SGM given that Havi is an interested party in the matter because his conduct will be under discussion.
“That in view of the current conflict and paralysis in the Council of the Law Society of Kenya: Nature of the issues to be dealt with at the SGM and the conflict of interest of the current LSK council as well as the broader interest of the society, the members present do elect either the senior most members or any other suitable member present in the meeting to preside over the SGM as contemplated by Regulation 78 of the Law Society of Kenya (General) Regulations, 2020,” reads the notice.
Petitioners confirm
Wambua has since confirmed receipt of the notice, and requested the petitioners to confirm the signatures as signed in the notice.
“The Society is in receipt of a notice requisitioning a Special General Meeting (SGM) by members under Section 31(1) (a) of the Law Society of Kenya Act. No. 21 of 2014.
The Council in its meeting held on July 12 resolved to circulate the notice to members for information and verification purposes. Members are therefore requested to inspect and verify if they duly signed the requisition list.
The verification exercise will take 7 days from the date hereof,” Wambua said.
The demand for the SGM is the culmination of serious infighting within the lawyers’ body pitting Havi and Wambua.
The infighting has seen the faction led by Havi send Wambua packing and advertise a vacancy in the CEO’s office, a decision which has been challenged by eight council members allied to the CEO.
“Any purported resolutions emanating from the said social gathering, as communicated by Nelson Havi in his statement dated June 28, are null and void,” wrote the eight council members allied to Wambua.
They maintain that there is currently no vacancy in the position of the CEO and advise members to ignore the said notice.
The eight council members including George Omwansa, Carolyne Mutheu, Faith Odhiambo, Aluso Ingati, Ndinda Kinyili, Bernhard Ngetich, Riziki Emukule and Beth Michoma said the composition of the Council remains as elected by members on February 27, 2020 and assumed office on March 24, 2020.
“The composition of the Council remains unchanged. The Law Society of Kenya Act, No. 21 of 2014 does not provide for a caretaker council.
Regulation 23(1) of the Law Society of Kenya (General) Regulations, 2020, provides that, if a vacancy occurs in the office of the President.
Unknown in law
Accordingly, the Kangaroo outfit (caretaker council) imposed by Mr Nelson Andayi Havi is an alien creature, unknown in law and thus, cannot purport to run the affairs of the Law Society of Kenya.
We are governed by law. The Council shall not be held liable for any transactions undertaken by the illegally imposed persons/caretaker council,” they charged.
They also accused Havi and vice president Carolyne Kamende of systematically undermining and subrogation of the Council and hindrance of member services.
“It is quite unfortunate that the President and Vice President of the Law Society of Kenya are working overtime to ground the operations of the Society. The captain is sinking his own Ship,” they said.
They added: “We regret to inform you that, to date Ms Carolyne Kamende Daudi is yet to sign the cheque for internet supply, as well as close to over 150 cheques for payment of various utilities and services.
The Secretariat has been operating in a very difficult environment since 18th January, 2021, after the impugned Special General Meeting”.
