This archive report was first published on 20 December 2021.
On December 20, 2021, the High Court in Nairobi delivered a significant ruling in the ongoing saga surrounding the leadership of the Law Society of Kenya (LSK). Judge Antony Mrima reinstated Mercy Wambua as the CEO of LSK, who had been ousted in June 2021.
Wambua's ouster was the result of a Special General Meeting (SGM) convened by the LSK council in June 2021, where 118 members voted in favor of a motion to send her on compulsory leave. The SGM also resolved to fill her position within 45 days.
However, Wambua swiftly moved to court to seek an order against the implementation of the resolutions. The court granted her a reprieve, ordering the status quo to remain pending the hearing of her case.
Justice Mrima's ruling effectively reinstated Wambua as the CEO of LSK, citing that she is legally in office. The court also declared the decisions of the two Special General Meetings held in June and September 2021 null and void, due to irregularities in their convening.
Furthermore, the court reiterated that LSK President Nelson Havi remains the Society's Spokesperson. Havi had been accused of orchestrating Wambua's ouster, which had led to a frosty working relationship between the two.
Wambua had accused Havi of assaulting her during a meeting on July 12, 2021, which led to an investigation by the Directorate of Criminal Investigations (DCI). Havi had dismissed the allegations and sought orders to bar the prosecutor from proceeding with the case.
LSK President Nelson Havi addressing a press conference on September 24, 2020
File
Justice Mrima also directed the LSK council to convene within 21 days to discuss the issue and other LSK agendas. In the event that the council remains dysfunctional, 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.
