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Besieged Law Society of Kenya (LSK) chief executive officer Mercy Wambua yesterday laughed off attempts by some members of the Council of the lawyers’ body to send her on compulsory leave and removal of eight council members.

Wambua, who has been in persistent run-ins with LSK President Nelson Havi,  said there is a court order that bars anyone including the President from interfering with her work.

“There exists a court order barring LSK President Nelson Havi or his agents from interfering with my employment in any way.

There is also a court order stopping the removal of the eight Council members,” she told People Daily on phone, adding that she will serve until the end of her tenure next year.

A special general meeting of LSK held on Saturday and chaired by Havi resolved  to send the CEO on compulsory leave and oust eight council members.

One hundred and eighteen (118) members voted in favour of the motion, while 16 opposed it.

Thirty-three (33) of the 118 voted physically while 85 raised their hands in a virtual conference. All the 16, who voted against Wambua’s suspension, did so virtually.

Resolutions

Besides, one 133 of the members voted in favour of filling the position in 45 days, after  Wambua is given a fair hearing while none of the members opposed the motion.

Other resolutions arrived at the SGM requires the Secretariat to disclose all LSK bank accounts and M-Pesa Paybill statements to members.

The meeting agreed to invite the Institute of Certified Public Accountants of Kenya (ICPAK) to appoint a firm of auditors within 14 days to audit accounts of the society and that the President be the only spokesperson of the society as provided in LSK Act and Regulations.

 The meeting also resolved that the continuous professional development fee requirements for 2021/22 be waived, and that payment of practicing certificates to be done directly to LSK collection account.

However, the eight Council members who were ousted by Havi-led camp but reinstated back to office alongside Wambua have contested the Special General Meeting, saying it was not legally sanctioned and the said sitting cannot purport to suspend or send the CEO on compulsory leave.

“The CEO of the Law Society of Kenya is appointed by the Council and continue to be in office,” read part of the statement.

“Council members are elected into office in line with the provisions of the Law Society of Kenya Act, 2014 and serve for a period of two years,” the statement added.

They were George Omwansa, Carolyne Mutheu, Faith Odhiambo, Aluso Ingati, Ndinda Kinyili, Bernhard Ngetich, Riziki Emukule  and Beth Michoma.

They said the composition of the Council remains as elected by members on February 27th, 2020 and assumed office on March 24th, 2020.

“LSK is governed by law, the Council will not be held liable for any transactions undertaken by the purported illegally imposed persons,” they cautioned.

Section 26(6) of the Law Society of Kenya  Act that states that the secretary may be removed from office by the council with the support of at least two thirds of the members of the council.

According to the Act, the removal is to be based on grounds such as gross misconduct, inability to perform the functions of office arising from mental or physical infirmity, incompetence, bankruptcy and desertion of duty.

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