• When Nelson Havi assumed office, most analysts, especially the young lawyers, said he was the one who would change things for the better and inject new life into LSK.
• However, he has been in the midst of several wrangles with several members. This has led to his stalemate with the LSK Council.
Image: COURTESY
Barely six months since LSK president Nelson Havi took over the reins of power, his tenure has been marred with infighting and a seemingly divided society.
When he assumed office, most analysts, especially young lawyers, referred to him as the one who would make change for the better at the society and inject new life.
However, he has been in the midst of several wrangles with several members, leading to the stalemate with the LSK Council, with which he should be working hand in hand.
A case in point is his bitter fight with LSK chief executive officer Mercy Wambua. He fired her for the alleged loss of more than Sh70 million from the society. She denies accusations of wrongdoing.
Wambua has stayed put and nine council members have stood behind her, affirming she is still the CEO.
The wrangles have become so bad that Havi put a notice with her picture on his social media platforms and a local newspaper. He said Wambua is no longer the CEO and should not carry out any business on behalf of LSK.
The stalemate has led some senior lawyers to ask Havi and Wambua for a ceasefire through mediation to end the infighting that has tarnished the society's image.
Speaking to the Star, however, Havi has blamed the state for 'infiltrating' the society to stop LSK from holding it accountable
“We have been very vocal on several issues, including the dissolution of Parliament [for failing to implement the gender rule] and the state is not happy.
"The best way for them is to keep us busy with internal wrangles so that we are not able to speak in one voice on key issues that have to be addressed,” Havi said.
Some key issues, he said, are constitutional amendments recommended in the BBI report, the election of a female member to the JSC, which the state wants to influence, and the appointment of Chief Justice David Maraga’s successor.
“What better way to influence these three key issues than to portray Havi as somebody who is involved in internal fights?" he asked.
Havi maintains he is carrying out his mandate as elected by LSK members, insisting that Wambua was fired.
He dismissed claims by some members that he was running LSK like a personal law firm loaded with his ego.
“I am a strong personality. I take strong positions on issues and this is something members were well aware of when they elected me,” Havi said.
He says most members are very happy but a few are dissatisfied because they perceive him to be egocentric.
'BRAVE NEW BAR'
The LSK boss said the preceding two LSK presidents, Isaac Okero and Allen Gichuhi, were lukewarm leaders because they never took strong positions, unlike him.
Havi said he promised members a 'brave new bar' and that's what he is giving them by making sure there is accountability in the society.
“Some may confuse it as egocentric — that is their funeral — but when you are dealing with theft and restoration of lost glory, you cannot have a 'sensitive' president,” he added.
Some lawyers who don’t like his style of leadership have compared it with that of US President Donald Trump.
Havi rejects this comparison, saying there is a big difference between him and Trump because he has achieved quite a lot in six months compared to what Trump has done in four years.
“This includes getting members to authorise an audit of the society, getting a court order for lawyers to be considered essential service providers during the curfew. I also got the Chief Justice to advise the President to dissolve Parliament [for failing to implement the two-thirds gender rule],” Havi said.
He said that during his tenure, LSK has successfully challenged more than 40 administrative decisions by the state.
"We succeed every day. My action and noise is not for drama, it is impactful," the LSK president says.
Havi has disagreed with those calling for mediation in the Wambua issue, arguing that those seeking mediation are those who have been protecting her over the years.
Senior lawyer and former DPP Philip Murgor says because of the current wrangles, LSK is being ignored as a nuisance in many circles.
“The administration by Havi and the wrangles at the LSK have taken the standing of the society to an all-time low,” he said.
When asked whether all these conflicts show that Havi is doing his job, Murgor said one must not mistake activity for accomplishment.
"There is a lot of activity but what one is accomplishing is not much," he said.
Murgor has called upon the chairman of the Senior Counsels' Bar to mediate in the Havi and Council stalemate.
“I call upon chairman of the Senior Counsels' Bar Fred Ojiambo to appoint a couple of wazees amongst senior counsel who can offer mediation to bring the wrangling to an end. It does not reflect well on the legal profession," Murgor said.
However, Chama Cha Mawakili director Georgiadis Majimbo has thrown his weight behind Havi, saying the new president is doing a good job.
Majimbo said the infighting, especially the Wambua issue, is more about the outside forces fighting the current leadership.
“As a young advocate, I have seen that a colossal sum of money has been lost that could have been used to fund the expenses incurred by young advocates,” Majimbo said.
He further suggested that the money lost could have enabled young lawyers get practicing certificates for free.
“Some senior colleagues are the problem. They have openly supported the former CEO. They are people who have made money. They are people who are comfortable, even if the money is stolen. It doesn't affect them,” he said.
Constitutional lawyer Suyianka Lempaa has accused Havi of being driven by ego, saying that the earlier the council deals with the problem the better to save the society from his "Trump-like melodrama".
“We are calling on the president to come down from his ivory tower and realise that the voices of all members matter, regardless of how contentious he could consider some of them,” Lempaa said.
He said there is nothing wrong with the membership and council, the only problem is the "bloated ego" of the leadership.
“LSK has a long history of having been one of the most best bodies that has produced some of the best leaders, including the late Nzamba Kitonga, Seniors Paul Muite, Fred OJiambo and Kamau Kuria," Lempaa said.
"But now they can only sit back and mourn the current wrangles,” he added.