NOTICE OF MOTION – TO SEEK FOR MEMBERS’ APPROVAL FOR
REMOVAL OF THE PRESIDENT OF THE LAW SOCIETY OF KENYA (MR.
NELSON ANDAYI Havi.
TAKE NOTICE THAT the above Notice of Motion has been presented to the
Secretary by the undersigned to be moved at the Special General Meeting of the Society to be convened on 5th December, 2020 for the following resolutions to
be passed THAT:
1. A special resolution be passed by members of the meeting, for the removal of Mr. Nelson Havi, from the office of the President of the Law Society of Kenya.
2. In furtherance of resolution number 1 above, members do elect interim President to temporarily preside over Council deliberations and oversee transition from the removed President pending the election of a substantive
President by members.
WHICH MOTION is grounded upon the following salient grounds that:
1.The President has abused office, is guilty of gross misconduct, and has contravened Article 10 and Chapter Six of the Constitution of Kenya as more particularised hereunder.
2.Briefly, the Society is one of the professional bodies placed in a higher pedestal and regard in ensuring that the rule of law is adhered to in the country. Materially, under section 4 (b) of the Law Society of Kenya, 2014 the Society is mandated, inter alia, to uphold the Constitution of Kenya and advance the rule of law and the administration of justice.
3. As such, the President who presides over the deliberations of the Council (the governing body of the Society) is expected to promote the objects and functions of the Society.
4.The President is also imbued by the province of Article 10 of the Constitution lo, inter sin, uphold natio values and principles of governance, which include good governance, integrity, transparency and accountability.
5. To the contrary, the President has blatantly violated the foregoing provisions of the Act and the Constitution.
6.While so doing, the Respondent has belittled the powers of the Council as
i) vide letter a dated 14th September, 2020 the Council issued Notice to Show Cause to Mercy Kalondu Wambua, the Secretary/Chief Executive Officer of the Society thereby inviting Ms. Wambua to furnish the Council with her written response within fourteen (14) days from the date thereof;
ii) in the Notice to Show Cause were seventeen (17) reasons upon which the Council sought the Secretary’s removal;
iii) The Secretary through her letter dated 28th September, 2020 promptly reverted in her defense thereof;
iv) The Council by a majority vote of nine () members, upon considering the merit of the Notice, absolved the Secretary of any wrongdoing and allowed her to continue discharging her mandate such;
v) Notwithstanding the foregoing, on 194 October, 2020 the President purported to remove from office the Secretary despite a majority decision of the Council to the contrary.
vi) On 10 November, 2020 the President without any justification whatsoever further published a misleading and unprofessional
“public notice” via his official Facebook page, quoted verbatim as follows
“TAKE NOTICE that the above pictured individual, MERCY KALONDU WAMBUA, ceased being the Secretary and Chief Executive Officer of the Law Society of Kenyaeffective 19 October 2020.
She is not authorized to transact, communicate and deal in anyway whatever in the name of and on behalf of the Law Society of Kenya
The Law Society of Kenya will not be bound by or held liable for any transaction, communication or business undertaken by her. Any person dealing with her shall do so at his own risk and responsibility.
DATED THIS 21ST DAY OF OCTOBER, 2020
NELSON ANDAYI HAVI
LAW SOCIETY OF KENYA
LAVINGTON, OPP VALLEY ARCADE GITANA ROAD
P.O. BOX 72219 – 00200 NAIROBI
7. Further, the President in an unprecedented and vindictive manner has employed underhand tactics to frustrate the operations of the Secretariat and the Council by ganging up with Ms. Carolyne Kamende Daudi, the Vice-Chairperson of the Society, thus:
i) for every legal bank transaction, it is a mandatory requirement that three signatories must appendage their respective signatures:
ii) 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:
iii) the council members are currently meeting and discharging their mandate to the society from their own pockets due to unpaid Council expenses.
8. The forgoing impugned conducts of the President have impeded effective service delivery at the Secretariat with members prejudicially left guessing as to who is the bonafide Secretary and Chief Executive Officer of the Law Society of Kenya.
9. Thr President has also micromanaged the Secretariat by:
i) contravening procurement policies by purporting to appoint an auditor without following the laid down procedures as stipulated in the Law Society of Kenya Act and the regulations made thereunder;
iii) imposing one, Mark Obar as the Law Society of Kenya ICT consultant;
iii) imposing Pro scene Company as the Law Society of Kenya Audio Visual Services; and
iv) under the Law Society of Kenya Act, the President is not an executive Chairman. However, the President has often issued unilateral directions to the Secretariat including demanding the illegal termination of services of staff members without following the due process.
10. The President has also failed to comply with the Annual General Meeting’s resolutions, as follows:
i) on 23 July, 2020 the Annual General Meeting resolved that an official Twitter account in the name of the President be opened with view of distinguishing the official communications of the Society and the personal views of the
President when the President is using his social media platforms.
However, the President has refused and/or declined to have the Annual General Meeting resolution implemented. Instead, the President has continued to communicate using his personal Twitter account and purporting the same to be the official communication of the Society thereby disparaging the legal profession.
11. The President has also failed to adhere to Corporate Governance principles by taking a fellow Council member one, Ms. Esther Angawa, who was elected as an Up Country Representative, and relegated her to the role of Personal Assistant.
Members elected Ms. Esther Ang’awa to as upcountryy Representative. However, the President has ostensibly employed Ms. Ang’awa as his Assistant! This action is contrary to the principle of Corporate Governance that demands the Council members to exercise
independence and avoid conflict of interest while discharging their respective mandates.
Therefore, as a Personal Assistant and de facto Chief of Staff of the President, Ms. Ang’awa’s independence of vote as a Council member has been greatly compromised.
12. Moreover, the President has failed to preside over a united Council. Instead, the President has engineered and/or structured a divisive and disjointed Council with the concomitant result that the President has often issued statements contradicting the official position of the Council.
13. Thus, the President has not acted in the best interest of the Law Society ofbKenya and the Republic of Kenya of Kenya in general.
14. Specifically, the President’s cantankerous, bullish and belligerent demeanor has brought the Society into public ridicule and disrepute.
15. The President has failed the Society in its core mandate to uphold the Constitution of Kenya and advance the rule of law and the administration of justice.
16. The President has also failed to act by the mandatory requirements of Article 10 and Chapter Six of the Constitution thereby rendering this Motion necessary.
Dated at Nairobi this
Charles Midenga (Member).