Court rejects LSK faction’s push for forum
What you need to know:
- Her ruling last Friday came a few hours after the Court of Appeal gave the law society the green light to construct a Sh1.2 billion international arbitration centre by lifting orders that had stopped it from demanding contributions from the rebel members.
- Appellate Judges Erustus Githinji, Roselyn Nambuye and William Ouko overruled a High Court decision that had stopped the LSK from collecting Sh39,000 from members and directed that an account be immediately opened for those who have not paid to deposit their contributions.
- The request opened a fresh battle front, with LSK chief executive Apollo Mboya claiming that the list of signatures presented to force through the meeting had inactive members, others were not in the LSK database, while one of the purported signatories died in 2004.
The Law Society of Kenya got a second win against its rebel members after the High Court stopped them from convening a special general meeting.
Lady Justice Roselyn Aburili ruled that pending the determination of the suit by the LSK, the splinter group under the banner, ‘Okoa LSK’, should not purport to hold a meeting or proceed with any agenda based on their request for a special general meeting (SGM).
“The respondents and their proxies are hereby restrained from convening an SGM, as requested through their requisition forms presented to the LSK or proceed with any agenda purporting to emanate from a meeting they held on March 21, at Hilton Hotel,” said Lady Justice Aburili.
Her ruling last Friday came a few hours after the Court of Appeal gave the law society the green light to construct a Sh1.2 billion international arbitration centre by lifting orders that had stopped it from demanding contributions from the rebel members.
Appellate Judges Erustus Githinji, Roselyn Nambuye and William Ouko overruled a High Court decision that had stopped the LSK from collecting Sh39,000 from members and directed that an account be immediately opened for those who have not paid to deposit their contributions.
The LSK’s plan to build the arbitration centre has caused a sharp division among lawyers, with the rebel faction starting a campaign to disband the LSK council.
The group formed a lobby dubbed, ‘Okoa LSK’, and gave the council 14 days to call the SGM to discuss the controversial project and removal from office of the current officials and council members.
The request opened a fresh battle front, with LSK chief executive Apollo Mboya claiming that the list of signatures presented to force through the meeting had inactive members, others were not in the LSK database, while one of the purported signatories died in 2004.
According to the CEO, some of the members listed as having signed the petition had sworn affidavits denying that they had appended their signatures.
But in response, ‘Okoa LSK’ lobby accused Mr Mboya of lying and using delaying tactics to coerce some members to withdraw their signatures.
Lady Justice Aburili directed that the restraining orders remain in force until June 10, when the matter is scheduled for hearing.
