Fresh motion to oust Havi as LSK boss
Bernice Mbugua @BerniceMuhindi
A lawyer has filed a motion seeking to remove Law Society of Kenya (LSK) president Nelson Havi from office over various claims of professional misconduct.
Gad Aguko, who filed the motion dated January 8, wants the matter discussed during today’s LSK Special General Meeting.
Aguko claims Havi has been in breach of LSK charter by not acting in a professional manner and not upholding the core values of professionalism, accountability and transparency in dispatch of his fiduciary duty.
“You have not been disciplined in executing your mandate contrary to Clause 6.4 of the charter, which states that the council shall be disciplined in carrying out its role, with the emphasis on strategic issues and policy,” he says in his petition.
Aguko accuses Havi of not acting ethically, contrary to clause 5.3.2 of the charter, which states that the council shall assume responsibility for ensuring ethical behaviour and compliance with relevant laws and regulations, audit accounting principles and the society’s governing documents.
“You have issued public statements in a manner that was not objective and truthful contrary to clause 10.5 of the charter.
The clause states that council members shall avoid all known or potential conflict of interest areas with their clients, employers, employees, and associates, agents, business partners, which could influence their judgments or quality of service,” he claims.
According to the lawyer, Havi has also failed to uphold the principal of confidentiality in relation to council deliberations, documents and resolutions.
He claims on December 3, last year, while addressing a press conference and with the sole intention of inciting both members of the society and the general public against Justice Pauline Nyamweya, Havi made disparaging comments aimed at painting the judge that she could have been compromised to arrive at the ruling which stopped the Special Annual General Meeting (AGM).
“You have disparaged the council by using abusive, offensive and provocative utterances or words whose aim is to provoke or incite disharmony contrary to clause 10.10 of the charter,” he claims in the petition.
Aguko further accuses Havi of acting contrary to the provisions of clause 13 of the charter, which states that LSK President shall be the spokesperson of the society in all matters and shall as much as possible consult with the LSK council and branch chairpersons where necessary before issuing statements or communicating the position of the society on any matter.
“You have acted in a manner that amounts to professional misconduct on account of your disgraceful and dishonorable conduct shown by your persistent lack of honesty and integrity and constant abuse of council members and members of the public,” Aguko claims.
He also accuses the LSK boss of unlawfully publishing edited video clips of council members whose result was incitement against the said council members.
Aguko claims Havi unlawfully disregarded the provisions of the law with regards to removal of the chief executive from office by the council and more specifically on the requirement of at least two-thirds of the council members.
“You have on several ocassions and continually referred to council members as crickets. Jiggers and financially vulnerable,” he claims.
Lawyer also alleges that Havi failed to insulate the employees of the Law Society of Kenya at the Secretariat from the problems within the council by issuing instructions for employees not be paid their salaries.
“Your actions have demonstrated that no amount of discussion will change your attitude towards your relationship with the Council and members of the society,” he claims.