Law Society of Kenya President Nelson Havi has been dealt a blow after the High Court overturned the society's resolutions arrived at during a chaotic meeting in January.
LSK had, on January 18, resolved to suspend all its members during the meeting that saw some of the learned friends in near fistfights.
The High Court in its ruling, on Wednesday, February 3, overturned the resolution.
The court also reinstated the Law Society of Kenya Council members who had been suspended by the society in the meeting that Havi chaired.
The court made the ruling on a suit that had been filed by lawyer Adrian Kamotho, who was aggrieved by the suspensions.
In the papers, Kamotho argued that some of the people who attended the meeting in person were hired goods invited with the aim of thwarting the proceedings.
A maximum of 300 members convened for the meeting physically at LSK Gitanga Road, some attended via zoom.
Kamotho further argued that 300 members was not close to 5 per cent participant requirement for the society which has over 18,000 members.
“It is therefore clear that even if the 300 members physically present for the meeting at Gitanga Road did not constitute the statutory quorum,” read the papers in part.
Havi, however, opposed the suit urging the court to dismiss it since the lawyer had not pursued other dispute resolving mechanisms offered by LSK.
During an LSK meeting, lawyers opposed to Havi disrupted the meeting and got involved in a heckling contest with his allies.
The lawyers had convened in the meeting to discuss the appointment of auditors to probe LSK’s books of accounts, deliberate on an impeachment motion against Havi and the current wrangles within the body.
