A lawyer has written to the Law Society of Kenya secretary, seeking to have a motion moved to remove Nelson Havi as President during a special general meeting slated for December 5.
In a letter to the LSK dated November 25, Charles Midenga accuses Havi of gross conduct in among other matters, the removal of CEO Mercy Wambua.
Havi and Wambua have been embroiled in a power battle, with the former insisting the latter was sacked over gross misconduct, but the latter has stayed put, with the board backing her.
Midenga has appealed that the members do elect an Interim President to temporarily preside over the Council’s deliberations and oversee the transition from the removed president, pending the election of a substantive president.
The member of LSK has also accused Havi has blatantly violated the foregoing provision of the Act and the Constitution.
Wambua’s fate was decided by a majority of nine members, after finding no grounds to remove her from the office, hence allowing her to continue discharging her mandate.
Midenga said that despite the decision from the majority side, the LSK president has purported to seek her removal from office.
“On November 10, 2020, the President without any justification whatsoever further published a misleading and unprofessional “public notice” via his official Facebook page.”
The LSK member has further accused Havi of using underhand tactics to frustrate the operations of the Secretariate and the Council by allegedly ganging up with Carolyne Kamende Daudi, who is the Vice-Chairperson of the Society.
According to the lawyer, Kamende has refused to sign cheques, hence contributing to negligence and financial probity of members’ funds.
“The council members are currently meeting and discharging their mandate to the society from their own pockets due to unpaid Council expenses.”
Havi has also been accused of contravening procurement policies by purporting to appoint an auditor without following the laid down procedures.
The president is also been indicted for imposing Mark Obar as LSK ICT consultant and imposing Proscene Company as LSK Audio Visual Services.
Havi has also been blamed for failing to comply with the Council’s Annual General Meeting resolutions.