The High Court has termed as illegal the appointment of a caretaker council established in June to run the affairs of the Law Society of Kenya.
Justice Antony Mrima said the caretaker council is an illegal entity and all resolutions and decisions made by them are illegal and void.
The judge restored the initial council and ordered them to convene within 21 days and move critical affairs of the society forward.
The council remains as elected by the general membership two years ago except Roselyn Odede who resigned.
The initial members of the council are Nelson Havi, Carol Kamende, Herine Kabita, Esther Ang’awa, Bernhard Ng’etich Kipkoech, Aluso Ingati.
Others are George Omwansa, Beth Michoma, Faith Odhiambo, Carolyne Muthiani Mutheu, Damaris Ndinda Kinyili and Linda Riziki Emukule.
The judge said the resolutions of June and September special general meetings are illegal and not binding.
In one of the meetings made on June 26, resolutions were made that LSK chief executive Mercy Wambua be sent on compulsory leave with pay.
Other resolutions were the recruitment of the secretary of the council and chief executive of the LSK to take over from Wambua on March 1 next year and removing her as a signatory to the LSK bank accounts.
The case was filed in court by lawyers Boniface Akusala and Collins Odhiambo.
They sought to declare Havi and 11 other persons acting as caretakers of the council as unfit to hold a public office.
They said Havi and the team have continually and erratically been disabling the LSK website making it hard for advocates to apply for practising certificates.
However, Havi objected to the matter.
He said they had not exhausted the alternative dispute mechanism under regulations 95 and 96 of the LSK general regulations, 2020, as their alleged dispute is one between members and the LSK, its council or council members.
Edited by Kiilu Damaris
