High Court judge Antony Mrima has directed the Law Society of Kenya to hold a fresh Annual General Meeting within 21 days.

Justice Mrima, yesterday, said failure to hold the meeting would lead to the Chair’s Caucus taking over the management of the lawyers’ body. 

“The council to convene a fresh meeting within 21 days in order to move critical affairs of the society forward.

If the 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 Chairs Caucus exercising powers of the President of LSK for the remainder of the term of this council,” Mrima warned.

Judge also nullified the resolutions of an earlier AGM, saying it was not properly convened because it flouted the conservatory orders, which had been issued by the court stopping the exercise. 

“Both June and September Special General Meetings were not properly convened and their decisions are invalid and void,” Mrima ruled.

A meeting held on June 26 had resolved to send LSK chief executive Mercy Wambua on compulsory leave. 

But in his judgment, Mrima reinstated Wambua as the CEO, bringing to an end a long running leadership dispute pitting her against LSK  President Nelson Havi.

Two lawyers; Boniface Akusala and Collins Odundo had moved to court seeking direction over the leadership dispute that threatened to bring down the  body.

 In his decision, Mrima further termed as illegal the appointment of a caretaker council established in June to run the society.

“Caretaker Council is an illegal entity unknown to Law and all resolutions and decisions made by them are illegal and void,” declared Mrima.

Illegal entity

“The Respondents have continually and erratically been disabling SK Website. This means that in these periods, advocates cannot apply for Practicing Certificates.

The Advocates’ Search Engine is consequently disabled. Advocates cannot access their Identification Cards, and this means they cannot practice law,” the lawyers stated in their petition papers.

The petitioners had also sought to declare Havi and 11 other persons acting as caretakers of the council unfit to hold public office.