Disputes grind services at LSK to a halt

Nelson Havi

Law Society of Kenya President Nelson Havi accompanied by his Vice President Carolyne Kamende addressing journalists at LSK offices in Nairobi on November 16, 2020 where they said they could not explain to members how the society’s Sh66.5 million was utilised between April 1, 2020 and July 1, 2020.

Photo credit: Evans Habil | Nation Media Group

The crisis at the Law Society of Kenya (LSK) is deepening with several months of unpaid bills and suppliers demanding payment or terminating key services as the Annual General Meeting (AGM) scheduled for later this month looms.

What started as a simple disagreement over the outcome of disciplinary proceedings against chief executive Mercy Wambua has spiralled into a full-blown crisis as operations have ground to a halt.

The society’s operations, including payment of workers’ salaries and stay in office by the CEO and a section of the council are being determined by courts.

The situation is threatening the processing of practice certificates for LSK members, many of whom expect the all-important documents this month.

Attempts by LSK President Nelson Havi to have his way in the running of the council by suspending eight members have been thwarted by courts.

As soon as they were back in office, the eight council members suspended Mr Havi and recommended his removal as president.

Mr Havi maintains that his suspension is null and void.

Memorandum

He was in Parliament recently presenting the LSK position of the Constitutional Amendment Bill 2020, during which he was pressed by lawmakers to explain when and how he consulted the members for the contents of the memorandum he was presenting.

The secretariat had earlier invited members to give views on the bill that was to be presented to the MPs but there was no response.

Contacted by the Sunday Nation, Mr Havi declined to respond to our questions and instead blamed the media for “accepting to be fed with nonsense about LSK”.

“Go and ask whoever is feeding you with this information to answer your stupid questions,” he said.

Ms Wambua too could not be reached for a comment.

With funds stuck in bank accounts and some council members refusing to endorse settlement of bills, there is no certainty that the meeting will proceed.

Getting suppliers for the event could also be an uphill task.

The Sunday Nation has established that Kenya Power employees have visited LSK offices and threatened to disconnect electricity the Sh70,000 bill is not settled.

 One of the signatories has reportedly refused to approve the payment of this and other utility bills.

Apart from Kenya Power, Nairobi City Water and Sewerage Company has also been demanding its money.

“The LSK is not broke. Some signatories in the council cannot even agree on simple things like signing a cheque to pay a supplier,” an LSK staffer told the Sunday Nation.

Meanwhile, as at February 22 LSK owed the Advocates Benevolent Association (ABA) Sh14.8 million.

The money is normally collected on the association’s behalf but has not transmitted to the accounts.

The association relies on the levy to support distressed members, pay a token of last expenses of deceased members and support the education of their children.

ABA chairman John Oriri Onyango wrote to LSK on February 22 demanding to know when the money would be sent.

There has been no movement and the figure has certainly gone up.

It is the same case with the East African Law Society (EALS), which LSK also collects levies on its behalf.

Since the crisis began, it has not transmitted anything to the EALS accounts.

Branches

It is not just the staff at the secretariat that are feeling the pinch.

Though the branches may have funding plans, the main source is usually the Sh1 million grant from the headquarters and funding from the Devolution and Regional Fund, which is run by the national secretariat.

With LSK leadership working at cross-purposes, the fear among the branches is that the money will not be forthcoming this month as expected.

One branch chairman said operations would be greatly affected. Some branches are weighing options on how to force the LSK headquarters to release the money in order to pay March and other salaries.

“It will get to a point when everything will come to a halt. We are almost there. If we cannot pay for electricity and water, how can employees report to work?” the LSK staffer asked.