LSK leadership row simmers

Nelson Havi

Law Society of Kenya President Nelson Havi addresses a press conference on October 7, 2020 at the LSK offices in Nairobi.

Photo credit: File | Nation Media Group

The leadership wrangles within the Law Society of Kenya escalated Friday after the president of the group Nelson Havi accused the society’s chief executive officer Mercy Wambua of frustrating plans for a planned audit on the use of funds.

Mr Havi, in a statement read at the society’s headquarters in Nairobi, accused Ms Wambua of staying in office illegally, colluding with banks to deny members statements of expenditure and for failing to change signatories to banks in which accounts of the society are domiciled.

“Mercy Wambua has unlawfully remained in office and continues to frustrate service delivery to members and disseminating unathorised and false information to members. Further, she has persisted in her interference with the preparatory process towards the conduct of the forensic audit and disclosure of the accounts of the society,” Mr Havi said.

The LSK president said that attempts by the society to access bank statements and documents for a planned audit, had been frustrated by the CEO, who despite an earlier resolution by members to send her on compulsory leave, had refused to vacate office.

Mr Havi said that letters and notices sent to the said institutions were always countermanded by the CEO, who for fear of the planned audits, advised banks against releasing statements on the accounts belonging to the society. 

 “It is evident that there is an entrenched relationship between Mercy Wambua and officers in all banks where accounts of the society are domiciled,” said Mr Havi.

But contacted Ms Wambua dismissed the allegations by the LSK president as false and fabricated, insisting that her stay in office was legal after the courts quashed a resolution sending her on compulsory leave.

The CEO further said that the accusations of loss of funds as alleged by Mr Havi, were unproven.

“I am the secretary to the council as things stand right now. Nelson Havi is in contempt of court to allege that I should not be in office. And even so, I was in the office the whole day today and the purported council meeting never took place,” said Ms Wambua.

“If he, Nelson Havi, says that there has been loss and the misuse of funds, then he should be able to provide you with the evidence, which I know he did not and does not exists,” she added.

Mr Havi had in his statement alleged that the CEO had made transactions involving millions of shillings without the approval of members, including opening a mobile paybill number through which millions of shillings were collected without the authority of the council members.

“Mercy Wambua continues to call for unauthorized meetings despite having been sent on compulsory leave. Eight council members, together with Mercy Wambua are not authorized to transact any business on behalf of the society. Any such actions and decisions made by the nine are null and void.”

“The eight council members are Bernard Ng’etich, George Omwansa, Carolyne Mutheu, Aluso Ingati, Faith Odhiambo, Beth Michoma, Ndinda Kinyili and Riziki Emukule,” said Mr Havi.

Mr Havi and Ms Wambua have been embroiled in a leadership wrangle dating back last year, after Mr Havi accused the CEO of abetting corruption and misusing funds of the society.

Ms Wambua was later sent on compulsory leave by Mr Havi, a decision that was vetoed by a section of the council members, before the matter moved to court.

The LSK president would later call for the expulsion of eight members of the council who vetoed the decision and sided with the CEO, accusing them of insubordination. That decision however, was again quashed by the courts, pending the determination of the disputes within the society by the courts.

Yesterday, Mr Havi insisted that the eight council members were illegally in office, after a vote by members – which again the council disputed – had called for their ejection and replaced them with new officials.

“The council of the society is now fully constituted with the assumption to office on June 26, 2021 by Maxwel Miyawa, Jane Odiya, George Kamau, Bonbegi Gesicho, Clarise Mmbone, Emmanuel Kyobika, Jamlick Muriithi and Levi Munyeri,” said Mr Havi.