Wambua ouster splits LSK as Havi, council pull apart

Law Society of Kenya (LSK) president Nelson Havi yesterday defended his decision to sack his chief executive, Ms Mercy Wambua, accusing the nine council members opposed to the move of insincerity.

His latest remarks complicates an already frosty relationship in the society and extends the turmoil that has rocked LSK since his reign began in February. 

During a motion calling for the expulsion of the attorney-general from the LSK and dissolution of Parliament, the council members took the position that only Mr Havi can sign documents and speak for the society.

However, on the Wambua saga, the council members had issued a statement opposing his decision and declaring that the CEO will remain in office.

He questioned what had changed on his role as the president and the official spokesperson of the LSK as stipulated under the LSK Act and the Council Charter.

“These council members have now compromised staff at the secretariat to dispatch false statements by email and twitter to members and the public,” said Mr Havi in an online statement.

On Ms Wambua’s removal, his decision was supported by his deputy Carolyne Kamende, Herine Kabita and Esther Ang’awa.

The wing that is opposed to the CEO’s sacking is led by Kipkoech Ng’etich (council chair), Roseline Odede, George Omwansa, Carolyne Mutheu, Faith Odhiambo, Aluso Ingati, Ndinda Kinyiri, Riziki Emukule and Beth Michoma.

Mr Havi explained that on September 14, a unanimous resolution was taken to initiate Ms Wambua’s removal.

On October 6 and 16, the council resolved that each member writes down a reasoned decision.

Mr Havi, Ms Kamende, Ms Kabita and Ms Ang’awa backed the removal of Ms Wambua in a consolidated decision. Another member, Riziki Emukule, had on October 16 tendered her decision for retention of the CEO.

Ms Emukule, the LSK Coast representative, is among those who signed the statement overturning Mr Havi’s judgement. The remaining members did not write their decisions.

Strong-arm tactics

Mr Havi has been accused of intimidation and using strong-arm tactics. 

Others have accused him of conflict of interest, after he appeared in cases that went against the positions taken by the society, and of playing politics. Mr Havi denies the accusations. 

In September, he caused an uproar in the council after he ordered members not to support a court ruling that governors charged with corruption should be stopped from accessing their offices. Mr Havi claimed that such cases were aimed at settling political scores.

Some members, like his predecessor Allen Gichuhi, have moved to court to oppose decisions made by the LSK, including the one calling for fresh interviews for those interested in the Senior Counsel title.

Hard-hitting in his pronouncements, particularly on social media, Mr Havi rarely runs away from controversy, attracting admirers and critics in equal measure. He sparred with Homa Bay Woman Rep Gladys Wanga on Twitter last week as the two exchanged unsavoury words.

In June, he revoked a Senior Counsel list but President Uhuru Kenyatta went ahead to confer the titles. This decision has been challenged in court. Mr Havi has also called for the impeachment of the President for failing to appoint the 41 judges picked by the Judicial Service Commission.

While President Kenyatta’s move has little support in legal circles, the decision on impeachment was never agreed upon by the LSK leadership, sources say. Mr Havi has however expressed hopes of calm in the society.

“There is nothing new or extraordinary with what is happening with the CEO. There will be permanent calm, eventually, when the dust settles,” he stated.