LSK woes: 38 staff petition council over delayed salaries
Law Society of Kenya's President Nelson Havi, Chief Executive Officer Mercy Wambua and Vice President Carolyne Kamende at their offices in Nairobi on March 2, 2020.
What you need to know:
- This comes barely a week after its President Nelson Havi was suspended by the LSK council over a failed leadership, until next month when he will have an opportunity to defend himself at the society’s Ordinary General Meeting.
The Law Society of Kenya (LSK) is in fresh turmoil after staff petitioned the council over delayed salaries for the past three months.
This comes barely a week after its President, Mr Nelson Havi, was suspended by the council over a failed leadership, until next month when he will have an opportunity to defend himself at the society’s Ordinary General Meeting.
At least 38 LSK staff have now written to the council demanding payment of their salaries for November and December 2020, and January 2021.
In a letter dated February 10, 2021, the 38 said the delayed payment has caused them “financial difficulties and mental anguish”.
“Staff are unable to fulfil their financial obligations including rent, repayment of existing loans which gather interest and penalties, school fees for our children and general upkeep for our families, who depend on us,” states the letter seen by the Nation.
“We are cognizant of the fact that the council is working towards resolving some [issues] that have impacted the society lately. This notwithstanding, and in keeping with the rules of corporate governance, we respectfully submit that employees should at all times be shielded from boardroom tussles.
“As staff members, we have worked and continue to work diligently, to aid in the achievement of the objectives of the society. Staff salaries, which are usually remitted promptly, as and when they fall due at the end of every month, are yet to be paid.”
Many challenges
The letter, through LSK Chief Executive Officer Mercy Wambua and the society’s acting President and chairperson of the Staff, Finance and Budget committee, Ms Carolyne Kamende, notes that the remittance of salaries is prescribed under Section 18 of the Employment Act.
It adds that section B.4.1 of the LSK human resources manual states that salaries shall be processed no later than the 25th day of every month and that net payments are sent directly to their bank accounts.
The employees said it has become a challenge for them to meet logistical expenses, “which will soon hinder us from reporting to work regularly and attending to our contractual duties”.
“We note that there has been no direct communication whatsoever from the Staff, Budget and Finance committee, the council or the CEO on why we continue to be subjected to untold pain and suffering. Moreover, our contracts expressly forbid us from engaging in work outside of our contracts, which renders us fully reliant on our salaries so as to meet our financial obligations,” they said.
Council’s push
Their letter came just a day after the council wrote to the acting President about the salary delays, ordering her office to effect the payments with immediate effect.
Eight council members - Bernard Ng’etich, George Omwansa, Aluso Ingati, Carolyne Mutheu, Faith Odhiambo, Beth Michoma, Ndinda Kinyili and Rizike Emukule - petitioned Ms Kamende on February 9, accusing her office of providing “excuses that do not hold water”.
“You have, since November 2020, cited different excuses that do not hold water as to why you have failed to approve staff salaries, including alleging that you have been blocked from accessing the bank’s online portal which information you knew or ought to have known to be untrue,” the council said.
“You are aware that staff salaries for the month of January 2021 were uploaded for approval on the online portal on January 27. Mr Bernhard Kipkoech and the CEO have since approved the payment of the salaries but you are yet to approve, resulting in delay of payment of staff salaries.”
The council asked Ms Kamende to end the financial burden on the staff members and avoid exposing the society to lawsuits.
CEO blamed
Contacted, Ms Kamende said November and December 2020 salaries had been paid and that the January salaries were pending due to some legal challenges.
Ms Kamende faulted the CEO saying she has not facilitated procession of the January salaries “despite many pleas”.
"I have stated time without number that I am ready, able and willing to sign for staff salaries immediately Mercy Kalondu Wambua uploads them in the manner ordered by court,” ehs said.
Ms Wambua did not respond to requests for her comment on the matter.
