LSK President Nelson Havi suffered a setback on Friday after the Labour Court declined to proceed with their case until they sort out the issue of legal representation.
In the case between LSK CEO Mercy Wambua and Havi, there are two legal firms both claiming to have received instructions from the society to represent them in court one hired by Wambua and the other by Havi.
Due to the current wrangles between the two, the LSK council has also been divided which has brought about confusion and each side claiming to run the society.
In a ruling delivered on Friday Justice James Rika said LSK should resolve the issue before the court can expedite the hearing of the petitions.
“The court does not think there is good ground established by Havi to lift the order staying proceedings when the issue of representation of LSK by different lawyers has not been solved,” the court said.
Havi wanted the case that had been suspended from the hearing due to the stalemate to proceed but the court said he has not persuaded the court to review and set aside the ruling on December 17, 2020.
Judge Rika said it is not practicable to proceed with different lawyers with conflicting instructions appearing for LSK.
The court noted that the dispute has been escalated drawing in other lawyers with fresh but related litigation cropping up in different courts.
However, the court agrees that the overriding objective is the timely resolution of disputes but escalating the dispute does not aid in timely resolution.
The court noted that LSK had not presented to court any resolution of the LSK General Meeting supporting the appointment of any lawyer or law firm to represent them in the petitions.
"The main problem that the LSK president faces in the view of the court is not Wambua declining to draw resolutions the problem is that there is an order of the high court staying implementation,"
Havi had argued that Wambua has refused to draw the resolutions that the court had asked for on who to represent them.
He adds that even if Wambua is to draw the resolutions they would not be useful in determining who is to act for LSK in these cases.
Judge Rika noted that there was a resolution from the General Meeting suspending council members without a council then who was to approve the resolutions of January 18, 2021?
"It may even have become compounded by the General meeting which rather than generating consensus, apparently was highly controversial generating further litigation and orders from other courts," the judge said.
