• Council member say the internet supply at its Gitanga-road headquarters had been disconnected for failure to pay accrued bills.
• Say it was only restored after the council members negotiated with the service provider and paid Sh50,000 donated by three members.
Seven LSK council members have said society president Nelson Havi is a danger to the rule of law.
In a hard hitting newsletter to members dated July 1, George Omwanza, Berhard Ng’etich, Aluso Ingati, Faith Odhiambo, Beth Michoma, Carolyne Mutheu and Riziki Emukule said Havi was responsible for destabilising LSK, denying it and the branches funds to operate and making it delinquent in meeting its obligation to its suppliers.
The council members also allege the president has continued to undermine elected council members, and is working alongside his vice president Carolyne Kamende to “ground the operations of the Society.”
Kamende being among the signatories to its bank account, they alleged, has declined to sign cheques to authorise release of monies to fund the operation of the secretariat and even the branches, putting them on the brink of collapse.
For example, they said, the internet supply at its Gitanga-road headquarters had been disconnected for failure to pay accrued bills and only got restored after the council members negotiated with the service provider and paid Sh50,000 donated by three members.
But they still remain will a debt of Sh190,000 that the provider has allowed them to pay in two installments by end month, the newsletter reads.
The secretariat had previously complained of its inability to pay staff salaries, water and electricity bills as well as security guards, among others.
The disconnection of the internet services, it said in the newsletter, had impacted the issuance of vital documents to lawyers to allow them practice as advocates. The documents include practicing certificates, letters or certificates of good standing, advocates identification cards and letters of no objection among other services.
The council members also took issue with the special general meeting held by Havi’s faction on June 26 that emerged with a new list of council members he described as a caretaker team.
The council members assert that the SGM was not recognised by law, had less than 30 people in attendance and had not followed the laid down procedure as required by LSK Act of 2014 in convening such a meeting and ejecting members, including the CEO from office.
“The composition of the Council remains unchanged. The Law Society of Kenya Act, No. 21 of 2014 does not provide for a caretaker council.”
Regulation 23(1) of the Law Society of Kenya (General) Regulations, 2020, provides that, if a vacancy occurs in the office of the President, Vice President or any other member of the Council, the CEO must within 14 days declare vacancy and the elections to fill in the vacancy be held within 90 days from the date of the declaration of the vacancy.
“Accordingly, the Kangaroo outfit (caretaker council) imposed by Nelson Andayi Havi is an alien creature, unknown in law and thus, cannot purport to run the affairs of the Law Society of Kenya. We are governed by law. The Council shall not be held liable for any transactions undertaken by the illegally imposed persons/caretaker council,” the letter reads in part.
“It is an insult to the Law Society of Kenya and the Members of the Law Society of Kenya to have a full page advert in a national newspaper when members are lacking basic services and the Branches are on the brink of collapse due to lack of funds. The Captain is sinking his own Ship."
They added that the council remains unchanged and that the CEO Mercy Wambua remains in office on the strength of a court order that blocked her removal.
Efforts to reach Havi and Kamende were futile as they did not get back to us but their stated public positions are that the new council is in office and that Wambua was a stranger at the LSK offices.