Blow to Havi as court reinstates LSK CEO and Council Members

The Law Society of Kenya President Nelson Havi was on Monday dealt a major blow after the high court nullified the suspension of the CEO Mercy Wambua and council members.

In a judgment delivered by Justice Antony Mrima, the court ruled that resolutions passed that led to the expulsion of the members were null and void since the special general meeting was not properly convened.

Justice Mrima ruled that Ms Wambua was legally in office whereas a caretaker council appointed was an illegal entity. He has also held that president Nelson Havi is the Spokesperson of LSK.

The council members claimed they had been expelled for opposing how the LSK President was running the society.

“The caretaker council is an illegal entity unknown to Law and all resolutions and decisions made by them are illegal and void. Both June and September SGMs were not properly convened and their decisions are invalid ” the court ruled.

LSK has been marred by leadership wrangles pitting Havi and the CEO resulting in the emergence of two splinter groups that have been embroiled in unending feuds and fisticuffs, denting the lawyers’ reputation.

In June, a meeting convened to address issues affecting the society turned chaotic prompting the intervention of the police.

In July, there was yet another drama after Havi was arrested for allegedly assaulting the CEO, claims he denied.

Justice Mrima has further directed the council which he said remains as elected by the general membership two years ago with the exception of Roseline Odede who resigned to convene within 21 days.

Failure to conduct business, the court ruled that the Chairs Caucus shall take over the functions of the council.

“If council remains dysfunctional and not able to conduct business, the Chairs Caucus shall take over the functions of the council with the Chair of the Branch exercising powers of the president of LSK for the remainder of the term ” Justice Mrima ordered.

Havi, who is eyeing a political seat ahead of the 2022 general elections, was elected LSK boss in February 2020 after trouncing Charles Kanjama, Harrier Chaggai, and Maria Mbeneka.

He recently hinted at resigning stating that the September 24th special meeting was his last assignment as President.

Under the current society laws, the president only serves one two-year term and thus his tenure was expected to end in March 2022.