Havi risks impeachment over office abuse claims

Friday, November 27th, 2020 00:00 |
Law Society of Kenya President Nelson Havi. Photo/PD/File

Law Society of Kenya (LSK) President Nelson Havi is staring at a possible impeachment over claims of gross misconduct and abuse of office.

The motion for his removal from office has already been filed at the LSK Council by lawyer Charles Midenga who argues that Havi does not respect tenets of the Constitution and is therefore not fit to continue holding office.

In the motion, Midenga lists Havi’s controversial bid to sack Mercy Kilondu Wambua as the council’s chief executive officer, his alleged micromanagement of the LSK, his constant fights with the secretariat and unprofessionalism in the running of the body.

“Take notice that the above notice of motion has been presented to the secretariat by the undersigned (Midenga) to be moved at the Special General Meeting of the society to be convened on 5th December for the following resolutions to be pass that, a special resolution be passed by member of the meeting, for the removal of Mr. Nelson Havi, from office of the President of the Law Society of Kenya,” reads the motion sent to the LSK Secretary.

Oversee transition

Midenga proposes that once Havi is impeached, members should elect an interim President to temporarily preside over the Council’s deliberations and oversee transition.

In one of the charges, Havi is accused of trying to illegally remove the LSK CEO from office against a resolution by the majority of the Council members leading to a protracted court battle.

The Council, Midenga said, in a notice dated September 14, asked Wambua who had been accused of gross misconduct, to defend herself from the allegations leveled against her, which she did in a letter dated September 28.

“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 as such,” the petition says.

However, Havi, notwithstanding the decision of the members, purported to remove her from office on October 19 and further published a misleading and unprofessional “public notice” on Facebook announcing Wambua’s removal, the motion states.

The notice was accompanied by Wambua’s photograph.

Midenga further argues that Havi, “in an unprecedented and vindictive matter” has employed underhand tactics to frustrate the secretariat’s operations and the council by ganging up with LSK’s chairperson Carolyne Kamende, whereby, for every back transaction, they must append their signatures.

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