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LSK feuds persist with more twists

Thursday, July 1st, 2021 00:00 | By
Law Society of Kenya chief executive officer Mercy Wambua. Photo/PD/FILE

Eric Wainaina @EWainaina

Wrangles at the Law Society of Kenya deepened yesterday after a section of council members disowned alleged suspension of Chief Executive Mercy Wambua.

They termed the decision by embattled President Nelson Havi to send Wambua and eight council members on compulsory leave as null and void.

Eight council members, who were allegedly kicked out alongside Wambua during a Special General Meeting (SGM) chaired by Havi last Saturday, maintained that they were still in office.

Resolution

 “Any purported resolution emanating from the said social gathering, as communicated by Nelson Havi in his statement dated June 28 is null and void,” they noted.

They further maintained that Wambua’s position was not vacant and advised LSK members to ignore the said notice, which they claimed was a resolution of “a group of less than 30 advocates at the LSK Secretariat,” as it is illegal and baseless in law.

LSK advertised the CEO position on Wednesday. 

The eight include George Omwansa, Carolyne Mutheu, Faith Odhiambo, Aluso Ingati, Ndinda Kinyili, Bernhard Ngetich, Riziki Emukule and Beth Michoma. 

They maintained that the composition of LSK remains as elected by members on February 27, 2020 and assumed office on March 24, 2020.

“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. 

Accordingly, the Kangaroo outfit (caretaker council) imposed by 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.

Council shall not be held liable for any transactions undertaken by the illegally imposed persons/caretaker council,” the members said and termed Havi as a threat to the Rule of Law and a danger to the society.

Lawyer Georgiadis Majimbo, who was the secretary of the SGM on Saturday, has defended the actions of their team, saying the SGM was a continuation of one that was to be held in December 2020 but which the court had stopped.

But the eight council members argued that there exist court orders stopping any interference with Ms Wambua’s work as CEO.

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