• According to court documents, Wambua was removed as secretary of the council and CEO of LSK on October 19 last year and her contract of service terminated.
• She then obtained an order two months later suspending that decision.
Image: THE STAR
The wrangles at the Law Society of Kenya continue to deepen after president Nelson Havi announced the retention of a new candidate to succeed current secretary and CEO Mercy Wambua.
Last week, Justice Maureen Onyango preserved the position of Wambua as the CEO of the society, pending the hearing of a case filed in court on July 29.
The order was granted after Wambua filed an application claiming that Havi invited applicants for interviews to fill in the position of CEO and secretary on July 23 this year. This was done through a publication in one of the local dailies.
Havi, she says, proceeded to call for applicants despite existing court orders issued in December last year suspending implementation of a decision by LSK members to remove her from office.
But Havi argues that the order issued on December 1 last year did not restrain the society from recruiting a new secretary and chief executive officer.
“I believe that the order of December 1 does not stop the LSK from recruiting a secretary and chief executive officer to serve with effect from March 1. The action taken in that regard does not amount to a disobedience of the order of December 1 last year,” he says.
Havi’s response was in respect to an application by Wambua in which she wants him committed to civil jail for chairing a special general meeting of members of the LSK on June 26 this year.
Among the resolutions made during the meeting was that Wambua be sent on compulsory leave with pay.
Havi contends that the 14 resolutions made at the special general meeting were not made by him as a member or president of LSK but by members of the society.
“It is improper for Wambua to seek to restrain the implementation of the resolutions made by the members of LSK at the special general meeting held on June 26 this year through an application for contempt targeted at me when her grievance is with the decision of LSK,” Havi says.
According to court documents, Wambua was removed as secretary of the council and CEO of LSK on October 19 last year and her contract of service terminated.
She then obtained an order two months later suspending that decision.
Havi says Wambua has remained in office pursuant to the order made on December 1 last year suspending implementation of a decision for her removal, which he maintains he did not disobey.
Justice Onyango directed that Wambua's position be maintained, pending hearing of the matter on September 24.
Havi says that the notice published in one of the local dailies inviting applicants was specific in that the person sought to be recruited as CEO would assume office after February 27, 2022, when Wambua's contract of service was to end.