• Suspension of 8 council members denies the society's highest decision making organ quorum to transact business.
• The decision leaves the LSK in a precarious situation as signatories also stand suspended
The Law Society of Kenya emerged from Monday's special general meeting more chaotic, divided and is now faced with uncertain times ahead.
The contentious vote to suspend eight council members for the remainder of their term paints a bleak future of the society’s operations as its council—its highest decision-making organ—now lacks a quorum to transact business.
Suspended council members are George Omwansa, Aluso Ingati, Carolyne Mutheu, Faith Odhiambo, Berhard Ng’etich, Beth Michoma, Ndinda Kinyili and Riziki Emukule.
Roseline Odede, who was also a council member, resigned in protest against what she termed a total dysfunction of the council. Election to choose her replacement has been slated for March 25 when the society's female representative to the JSC will also be elected.
President Nelson Havi remains with three council members who maintained loyalty to him all through his conflict-ridden reign over the society. They include vice president Carolyne Kamende, Esther Ang’awa and Herine Kabita.
CEO Mercy Wambua was also included in the suspension. But she told the Star she remains in office as her position is not elective but appointive and that there is an active court case complete with a conservatory order relating to issues surrounding her tenure.
She said that by dint of the contentious suspension vote, the society has no council and the remaining members do not constitute a quorum.
“Havi cannot transact any business without the council. So if that is the victory he wanted, then he won. But I don’t think that is leadership,” she said.
The signatories to the accounts are gone, impacting the tenancy of the employees, she said. “But I’m in office. The secretariat is fully operational,” she added.
Further, there is even much contention on what motion society members approved. A group that mainly consists of members who attended the volatile meeting virtually argue that the motion to send the eight council members packing was amended on the floor to include all the council members, including Havi’s group.
“This means all council members are suspended. So we have former president Nelson Havi,” said Edwin Sifuna, an LSK member, during a joint Citizen TV interview with Havi on Tuesday night.
Sifuna has been critical of Havi for much of his tenure.
“I heard very well when the president called the mover of the motion by 12 members seeking nine resolutions. But an amendment to that motion was done to include all the council members, including Havi. So the same sword that he planned to use to slaughter eight of his members also served him,” he said.
Sifuna also said the controversial motion was unlawful because according to the LSK Act, a motion to suspend a member of the council can only originate from the council itself, not from the general membership.
“That said motion has a problem. A motion to suspend a member of the council cannot originate from the general members. It can only come from the council after they have discussed, approved and tabled it to the floor of AGM or SGM as a resolution,” he said, suggesting he and other lawyers would challenge the decision in court.
“I can guarantee you there are lawyers who want to redeem the image of the law society. This is not the last you are going to hear of this matter. Many of us who fought during Okoa LSK fought to give power back to the members.
"We will be seeing you Havi in court with your resolution,” Sifuna said.