• Petitioner said if SGM were convened, it would further cause confusion, anarchy for a society run down by Havi to the exclusion of the LSK Council.
• If the scheduled SGM were to proceed, it would further widen the rift between LSK members, he said. Also cited irregularities in email convening.
The Law Society of Kenya' Special General Meeting on Friday has been suspended by the court.
The High Court sitting in Milimani issued orders suspending the LSK meeting.
Judge James Makau said petitioner Brian Machina demonstrated he has an arguable case [on suspending the meeting] with a likelihood of success.
He said if the order sought is not granted, the case will become useless. It will be mentioned on October 5 for further directions.
Machina sued LSK chief executive officer Mercy Wambua, LSK president Nelson Havi, Dr Maxwell Miyawa, Jamlick Muriithi and Julliete Jakila.
He told Justice Makau that ever since the inception of email communications to LSK members, communications have always been made by CEO Wambua. Communications have also been made through the person serving as CEO through the same email address, he said.
However, on August 25, a communication was sent to some members from an unknown email address and signed off by Julliete Jakila. According to court documents, she was purporting to be the acting CEO of the law society.
She informed some of the members the society would convene a Special General Meeting on Friday, September 24.
The communication further requested interested persons to apply for appointment to the Elections Board for positions of president, vice president and council members.
According to the court documents, Section 31(1) (b) of the LSK Act, 2014 provides that a special general meeting shall be convened at any time by the council on its own motion after giving 30 days' notice.
Machina said no notice informing members of any SGM has been issued by Wambua, who is the society's CEO.
He said Jakila is neither an employee of LSK nor is she an acting secretary or CEO.
(Edited by V. Graham)