Law Society of Kenya (LSK) president Nelson Havi wants a case filed by a Nairobi lawyer over the recent chaotic meeting dismissed, saying the advocate has not exhausted all dispute resolution mechanisms available.
In response to a case filed by lawyer Adrian Kamotho, Mr Havi further said the petition does not meet the threshold of a constitutional case. He also argued that there is no evidence that Mr Kamotho registered for and attended the special general meeting on January 18.
“It is therefore manifestly doubtful whether he has locus standi to espouse the claim in the petition. He has also not demonstrated the injury he has suffered or is likely to suffer personally as a result of the resolutions made,” he said.
While arguing before Justice Weldon Korir on Thursday, Mr Havi said the Special General Meeting (SGM) was necessitated by the need to appoint advocates to act for LSK in a case pending before the Employment court filed by CEO Mercy Wambua and to approve the appointment of an external auditor. He also said the meeting was also called for members to approve the appointment of members of the boards of elections, for the elections of LSK female representative to the Judicial Service Commission and members of the Advocates Disciplinary Committee.
During the meeting held at the LSK’s Gitanga Road offices, the members present voted to suspend the entire council members.
Mr Kamotho moved to court saying the status and operations of the LSK are in an indeterminate state since the whole council, which is the governing body, is on suspension.
He said no vote whatsoever was taken in the manner provided for under the society’s laws, hence all the resolutions from the SGM are a nullity.
Mr Kamotho pointed out that throughout the meeting, Mr Havi remained singularly focused on the few members who were physically present while the virtual attendees were systematically denied audience.
He accused Mr Havi of including into the agenda, matters that were not legally admissible nor listed in the notice convening the SGM.
Justice Korir will decide on February 3 whether to dismiss the case as requested by Mr Havi and two other council members.
