The Employment court has declined to be sucked into the LSK wrangles pitting president Nelson Havi and the Council on who is the right lawyer to represent the society.
This is after two different lawyers appeared in court, each claiming to have received instructions to represent the Law Society of Kenya in the case filed by lawyer Murigi Kamande suing Havi and LSK over the removal of CEO Mercy Wambua.
Lawyer Moses Kurgat told the court that he was instructed by Havi as the society's president, while Kimani Muhoro said he received instructions from the LSK council.
Justice James Rika said he will not take sides on the lawyer representation because that would trigger perception of bias in the main petition that is yet to be determined.
Justice Rika said the most suitable forum to resolve the issue was the LSK general meeting.
“The LSK shall present to court a resolution of the general meeting, indicating which law firm or lawyer shall represent LSK in the petition pending filing of the resolution further proceedings are halted,” the court ruled.
The judge also noted that the LSK Act presupposes that there is a single council of LSK and decisions are made through the majority vote but there is only one president who also is a member of the council
“The law does not contemplate a situation where the president and the council are at cross-purpose,” Rika said.
It was the judge’s view that even if he issued orders, it would not be possible to execute the orders for or against LSK.
“One faction could compromise the petitioner against the other side, risking the resources of the membership at large,” he added.
Judge Rika held that should it happen that the president and the council are involved in a dead heat as they seem to be, the society ought to ask for intervention of the general meeting.
“The president, the council and the secretariat are subordinate to the general meeting,” the court ruled.
The court encouraged Havi and the council to come together and explore voluntary settlement of the issues that are pulling them apart.
Now the ball shifts to the general meetings to sole the current impasse between the council and the president.
