A special meeting of the Law Society of Kenya (LSK) held on Saturday decided to send the CEO on compulsory leave and dismiss eight board members.
But the SGM has sparked outbreaks of fierce fighting in board rooms that have plagued the bar association since September 2020, and the eight accused have vowed to stay.
Nation.Africa has learned that LSK CEO Mercy Wambua can return to court to sue SGM organizers and President Nelson Havi for contempt of a December 2020 court order that barred the company from interfering in its work as CEO.
Stay in control
According to lawyer Georgiadis States, who was secretary of the SGM on Saturday, SGM was a continuation of the one that took place in December 2020 but which had been seized by the court. “Last month, the Supreme Court dismissed the case for incompetence and revoked the restraining order.
It was therefore clear that the SGM scheduled for December 2020 would start from where it had been suspended. It is because of this SGM that a notice was issued for the meeting held today ”, he announced.
But board member Bernard Ngetich said there was no SGM in the law but a meeting between Mr Havi and a few youth lawyers who supported him “drinking tea in the secretariat this morning”.
“After drinking tea, Havi mentioned his friends, as well as the state attorney. Board members have not been appointed by the president. If there is a vacancy, the CEO announces the vacancy, the election committee is appointed by the members, and the electoral body is also appointed by the members. Board members cannot be appointed at a general meeting, “Mr Ngetich said.
From the SGM contested, the new board members who were said to be elected were Bon Begi Gesicho, Claire Osore, George Ng’ang’a, Emmanuel Kyobika, Miyawa Maxwell, Jamlick Muriithi, Jane Odiya and Levy Munyeri. They deserve to succeed Mr Ngetich, Faith Odhiambo, Aluso Ingati, Carolyne Mutheu, Linda Emukule, Beth Michoma, Ndinda Kinyili and George Omwansa.
But Mr Ngetich says they are not going anywhere. Through the Back Door “We will continue to serve as board members. Havi campaigned in Westlands and along with Vice President Caroline Kamende, Esther Ang’awa and Herine Kabita attended council meetings in January, meaning they were not participants. In the ministry, “Mr. Ngetich said.
“For these young lawyers who have been deceived, we ask them to open their papers in December, campaign and see if members can accept what they want to do through the back door,” he said.
The controversial SGM also sent Ms Wambua on compulsory leave pending the end of her contract next year. According to Mr States, the word of the resolution was that he was going on compulsory leave, which could mean that he had disciplinary matters.
Mr Majimbo added that although there are court orders prohibiting the interference of Ms Wambua’s work as CEO, LSK regulations stipulate that the appointment of a new CEO must begin at least six months before the end of her contract.
“For this reason, it has been decided that this process should start when he goes on compulsory leave. So it was not a violation of the court order. It was a new motion on the floor. The original motion which was stopped by the court was not discussed. The argument was that he should go on compulsory vacation. There was no explanation. It is a compulsory holiday and full payment, ”he said.
Discipline of the CEO
But Mr Ngetich says the only body authorized to treat the CEO is the board. “The general assembly, whether legal or not, cannot address the issue of the CEO. We did not send him on compulsory leave.
We rejected disciplinary cases last year. Therefore, he will continue to serve until he is removed by two-thirds of the board members or his contract expires, ”he said.
Mr Majimbo accused eight board members that SGM left in defiance of Mr Havi’s plan for the “New Bold Bar” and that is why they did not attend SGM.
He accused Eight of supporting Ms Wambua’s return and opposed the audit of LSK’s accounts.
Other controversial SGM resolutions require the secretariat to disclose all LSK and M-Pesa stubs bank accounts to members, an invitation to the Chartered Accountants Institute (ICPAK) to appoint a company of “auditors within 14 days to audit company accounts, let the chairman be the spokesman only.