Caddies carry golfers' bags as they walk to the 18th hole during the Nyali Open 2011 golf tournament at the Nyali Golf and Country Club.
The Nyali Golf and Country Club Lady Captain Mary Wambui has moved to court seeking to have the decision by some members of the ladies' section of the club to remove her quashed.
Her removal has since been upheld by the golf club's management committee.
In court papers, Ms Wambui says she was not served with the reasons for her removal and that the reasons in the minutes do not meet the requirements for removing a captain.
In a case filed at the High Court in Mombasa, Ms. Wambui says she was elected as women's captain at an annual general meeting on January 23 last year in accordance with established procedures and has served in that capacity with exemplary leadership qualities.
She argues that a plot has been hatched to call a special general meeting to discuss her removal without following the procedure laid out in the laws governing the Nyali Golf and Country Club.
The applicant says that on August 23, a notice was issued by Ms Zaituni Mohamed requesting for a special general meeting to be held on September 16 and that she was not served with a copy
Through her lawyer, Ms Wambui says she later learned that the meeting was held without her knowledge.
"A list comprising 32 ladies who attended the meeting had been generated," Ms Wambui argues in her court papers.
She further says that the provision of the club's Memorandum and Articles of Association provides that a special general meeting requires the signatures of at least 25 voting members and that a quorum for the meeting shall be 100 voting members which was not done.
“The applicant states further that the Memorandum and Articles of Association require that if the quorum is not convened within half an hour, then the meeting shall be dissolved and this was not followed,” part of the case documents states.
She argues that following the procedure which she terms illegal, the ladies’ section removed her from the position.
“The applicant states that the procedure under the club Memorandum and Articles of Association requiring that before a dispute is escalated all other alternative dispute resolution procedures must be exhausted was not followed,” argues Ms Wambui.
She also says that upholding her removal was also unprocedural and that two of the petitioners who sit on the board were allowed to participate in the process which she termed as biased.
The applicant is also seeking an order to compel the respondents to reinstate her as the captain of the ladies’ section of the golf club.
She also wants the respondents prohibited from implementing the decision or affecting her position until the end of her term or the proper process of declaring a vacancy in her position and the right procedure is followed.
The case will be mentioned on November 4 for further directions.
