LSK wrangles deepen as row ends up in court

The High Court has granted Law Society of Kenya (LSK) president Nelson Havi seven days to respond to a case that is challenging attempts to change leadership of the organisation and audit its financial books.

Justice James Makau has directed LSK, Mr Havi, CEO Mercy Wambua and 11 other interested parties in the case to file their responses within seven days as factional wars rock the lobby.

The judge said the case filed by lawyer Kamotho Njenga under certificate of urgency will be dealt with after the judges’ August vacation, which is scheduled to end in mid-September. It will be mentioned on August 30 to confirm compliance and for further directions.

In the case filed on Wednesday, Mr Njenga says Mr Havi has violated orders issued on February 3 this year suspending his plan to change membership of the LSK Council and auditing the financial books. The council is the top decision making organ of the LSK.

Mr Njenga accuses Mr Havi of resorting to 'gangland' methods of controlling and directing the affairs of LSK, as well as running its headquarters situated along Gatanga Road, Nairobi.

He argues that the president has also resorted to use of physical might, as well as hiring goons and militia to forcibly remove bonafide LSK Council members and employees contrary to orders of the court.

He states that on February 3, 2021, the High Court suspended plans by Mr Havi to remove eight members of the LSK council who had been suspended as a result of resolutions of a January 18, 2021 special general meeting. 

All the other resolutions passed at the Special General Meeting were also suspended pending the hearing and determination of a petition that is challenging how the meeting was conducted, since hundreds of members were blocked from airing their views.

However, in defiance of the said interim orders, Mr Njenga says, the LSK President has continued to push his way leading to physical confrontations at the organisation’s headquarters.

“The statutory functions underpinned by the Law Society of Kenya Act (2014) have grind to a halt. The capacity of Advocates to deliver on their duties have been gravely compromised by the actions of Mr Havi, which are being undertaken contrary to the orders of this court,” says Mr Njenga.

“The nobility of the legal fraternity has been smeared with filth, on account of Havi’s indiscretion and recklessness. The operations at the LSK Secretariat and service to members, have grind to a complete halt as a consequence of the subversion of the orders of the court,” argues the lawyer.

The interested parties listed in the petition include CEO Wambua, Mr Havi, vice president Caroline Kamende and LSK council members Herine Kabita, Esther Ang’awa and Aluso Ingati as interested parties.

Others are council members Carolyne Mutheu, Faith Odhiambo, Linda Emukule, Bernard Ngetich, Beth Michoma, Ndinda Kinyili and George Omwansa.