The High Court in Nairobi has reinstated Law Society of Kenya CEO Mercy Wambua who was ousted in June 2021.
Wambua was sent on compulsory leave after 118 members voted in favor of a motion presented at a Special General Meeting (SGM) convened by the council in June. The SGM also resolved to fill her position in 45 days.
The ousted CEO swiftly moved to court to seek its order against the implementation of the resolutions. The court offered her a reprieve and ordered the status quo to remain, pending the hearing of her case.
High Court judge Antony Mrima reinstated her, noting that she is legally in office.
The court further ruled that the Special General Meetings held in June and September 2021 were not properly convened and declared their decisions null and void.
It also reiterated that LSK President Nelson Havi remains the Society’s Spokesperson.
Furthermore, the court directed the Society’s Council to convene within 21 days to discuss the issue and other LSK agendas.
Justice Mrima directed that the Chair’s Caucus shall take over the functions of the council with the Chair of the Branch Chairs Caucus exercising powers of the president of LSK for the remainder of the term of this council. This will only apply in case the council remains dysfunctional and not able to conduct business.
This new move spells doom for LSK President Nelson Havi who was accused of orchestrating Wambua’s ouster.
The two had a frosty working relationship that had led to the rise of splinter groups in LSK.
Wambua accused Havi of assaulting her, during a meeting held on Monday, July 12. The matter attracted the attention of the Directorate of Criminal Investigations (DCI) who launched an investigation into the case.
“One of the court orders that I got in 2020 stated that he (Havi) should not interfere with my contract. He is basically interfering with my contract. I have already filed a contempt of court application and he risks being jailed for six months,” Wambua then stated.
Havi, who aspires to run for Westlands Parliamentart seat, dismissed the allegations and further sought orders to bar the prosecutor from proceeding with case.
