The Law Society of Kenya (LSK) is set to discuss a motion to impeach President Nelson Havi on December 5, in a special general meeting.
In a five-page document, LSK member Charles Midenga accuses Havi of gross misconduct and contravention of Article 10 of the Constitution of Kenya.
The motion follows a protracted battle between Havi and CEO Mercy Wambua, with the former fighting to have the latter kicked out of office for misuse of power.
On October 19, 2020 the Havi purported to remove from office Ms Wambua despite a majority decision of the Council to the contrary.
“TAKE NOTICE that the above pictured individual, MERCY KALONDU WAMBUA, ceased being the Secretary and Chief Executive Officer of the Law Society of Kenya effective 19th October, 2020. She is not authorised to transact, communicate and deal in anyway whatsoever in the name of and on behalf of the Law Society of Kenya,” Havi said in a notice dated November 10.
In the impeachment notice, Mr Midenga accuses Havi of employing underhand tactics to frustrate the operations of the Secretariat and the Council by ganging up with Carolyne Kamende Daudi, the Vice -Chairperson of the Society.
“Noting that there are currently only three signatories, Ms Carolyne Kamende Daudi, has blatantly refused to sign Cheques thus contributing to negligence and financial probity of members’ funds that has resulted in, for the first time in the history of the Law Society of Kenya, accrued penalties on statutory payments, delayed payments of employees’ salaries at the Secretariat and payment of various service providers,” says Midenga.
Havi is also accused of micromanaging the Secretariat by contravening procurement policies by purporting to appoint an auditor without following the laid down procedures.
He is said to have unprocedurally appointed Mark Obar as the Law Society of Kenya ICT consultant and Proscene Company as the Law Society of Kenya Audio Visual Services.
“The President has also failed to adhere to Corporate Governance principles by taking a fellow Council member one, Ms. Esther Ang’awa, who was elected as an Up Country Representative, and relegated her to the role of a mere Personal Assistant,” adds Midenga.
Havi has also been accused of failing to preside over a united Council, and instead, has oftenly issued statements contradicting the official position of the Council.
If the motion sails through, LSK will have an acting President before a substantive one is elected.