Law Society of Kenya (LSK) president Nelson Havi has urged the court to dismiss a case filed by a Nairobi lawyer, Adrian Kamotho, regarding the recent chaotic LSK meeting.
Havi argued before Justice Weldon Korir on Thursday, saying that the case should be dismissed as the lawyer has not exhausted all available dispute resolution mechanisms.
He added that the petition does not meet the threshold of a constitutional case and there is no evidence that Kamotho registered for the Special General Meeting (SGM) and attended it on January 18.
Havi stated, “It is therefore manifestly doubtful whether he has locus standi to espouse the claim in the petition. He has also not demonstrated the injury he has suffered or is likely to suffer personally as a result of the resolutions made.”
According to Havi, the SGM was necessary as LSK needed to appoint advocates to act to represent them in a case pending before the Employment court filed by CEO Mercy Wambua. He added that they also needed to approve the appointment of an external auditor.
The LSK boss also stated that the meeting was also for members to approve the appointment of members of the boards of elections, for the elections of LSK female representative to the Judicial Service Commission and members of the Advocates Disciplinary Committee.
The members present during the meeting held at the LSK’s Gitanga Road offices voted to suspend all the council members.
Kamotho moved to court saying LSK’s status and operations are in an indeterminate state since the entire council, which is the governing body, is on suspension.
According to him, there was no vote taken according to the provisions under LSK laws, therefore all the resolutions from the SGM are a nullity.
Kamotho claimed that throughout the meeting, Havi remained singularly focused on the few physically present members while systematically disregarding the virtual attendees.
He also accused the LSK boss of including into the agenda matters that were neither legally admissible nor listed in the notice convening the SGM.
On February 3, Justice Korir will decide on whether to dismiss the case as requested by Havi and two other council members.
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