Blow to Havi as members plot to kick him out
By People Team, August 26, 2021
Hillary Mageka and Nancy Gitonga
Embattled Law Society of Kenya President Nelson Havi’s continued stay at the helm of the lawyers’ body could be hanging on a thread following a planned Special General Meeting (SGM) tomorrow to remove him.
Agenda of the meeting to be held in Kisumu includes discussing his conduct which convenors claim has plunged LSK into a situation of ignominy previously unthinkable of.
The SGM comes three days after the High Court gave Havi limited access to LSK offices on Gitanga road to continue discharging his duties.
Court also barred police from entering or interfering with LSK affairs pending hearing of the case filed by Havi over the ongoing wrangles pitting himself and chief executive Mercy Wambua over the running of the affairs of the body.
Justice Anthony Mrima gave Havi, his vice-president Caroline Kamende and council members’ unrestricted access to their premises.
The SGM that is scheduled to take place tomorrow has already escalated the animosity between Havi and Wambua. Havi had earlier sent Wambua on compulsory leave and even replaced her.
She has, however, remained in office thanks to the backing of eight council members, some branch officials and a section of staff.
Yesterday, Havi fired back accusing Wambua of convening an “unauthorised” virtual SGM where a chairman would be appointed to preside over the day’s agenda, which the controversial he says is “thereof unlawful.”
“There is no lawful SGM for the society scheduled for August 27. Attendance at the meeting can only be for the purposes of putting it off on account of illegality, in terms of Regulation 80,” Havi said.
Havi says those who are planning the SGM are eight former council members who “have one goal in the meeting intended”that he claimed is to access LSK’s accounts and secure the unlawful payment of Sh32.4 million from the society “to themselves and spend the same without accountability”.
Compulsory leave
“They have sweetened their nefarious scheme with an agenda beyond their power and authority and which is unlawful in any event,” Havi said, and maintained that Wambua remains on compulsory leave and therefore not authorized to act on behalf of LSK.
Close to 1, 000 members of the now disgraced society from different branches from across the country sent a notice to Wambua, in June demanding she calls an SGM under Section 31(1) (a) of the Law Society of Kenya Act. No. 21 of 2014.
Given the sharp division among the council members over the wars in the body, and in what appears to be a target to Havi, who is facing possible prosecution over assault, the members want a neutral person appointed to chair the SGM, a signaling that Havi’s conduct at the boy would be widely discussed.