Law Society of Kenya cracking down on members following chaotic AGM

The Law Society of Kenya (LSK) has started taking action against members who it says were part of the group that disrupted last weekend’s Annual General Meeting.

Seven members have already been served with letters directing them to show cause why disciplinary action should not be taken against them.

One of the notices seen by the Nation and signed by LSK chief executive Apollo Mboya gives the members seven days to give their defense.

But in a quick rejoinder, Edwin Sifuna, the spokesperson of the Okoa LSK group that has been opposing the manner in which the construction of a a Sh1.2bn International Arbitration and Convention Centre is being handled, said such notices were inconsequential.

He confirmed that some members have already been served with the notices but added there was no cause for worry because the LSK Council does not have the power to discipline any member.

“It appears these people do not understand the law. It is very clear that if the LSK wants an advocate to be disciplined then they forward the complaints to the disciplinary tribunal to institute the process.

“This is just a move meant to intimidate members with divergent views especially those of us who have been opposed to the project and are questioning the financial management of the society,” Mr Sifuna said.

Mr Sifuna denied claims that the members became rowdy at the AGM, adding that the meeting proceeded in accordance with the law.

'HAS SHOWN CONTEMPT'

In an earlier statement, Okoa LSK said the issue of the proposed arbitration centre was dealt with definitively at the AGM of March 21, 2015 where the membership unanimously resolved to abandon the project.

“Members will therefore not participate in any act, including the proposed consultative meeting, that would undermine, negate and fly in the face of the supremacy of the membership at the general meeting as prescribed under Section 16 of the Law Society of Kenya Act.

“The Council has shown contempt and disrespect to the supreme authority of the LSK. As a result, we have resolved to serve the LSK Secretariat with a notice for a Special General Meeting within seven days for conclusion of the agenda left pending in the AGM,” they said.

The special council meeting held at the Society headquarters in Nairobi on Wednesday regretted the events that led to the termination of the meeting but said those who were involved must take responsibility.

In a statement read by LSK chairman Eric Mutua after the four-hour meeting, the top Society organ said disciplinary action has already commenced for the members who have been identified in a video footage as having participated in the misconduct.

But in a reconciliatory move, the Council said it would hold a consultative forum within 21 days to thrash out the contentious issues.

“In view of the fact that the Council of the LSK wants to maintain the unity of the members and the integrity of the legal profession, the council has decided to call for a consultative meeting to address all issues of concern surrounding the LSK International Arbitration Centre.

“The meeting shall involve council members, senior counsel, representatives from LSK branches and representatives of the petitioners in the court cases,” said Mr Mutua.

The meeting resolved to hold the special general meeting on September 26.

Last Saturday Mr Mutua sent a statement to newsrooms declaring any proceedings after the council’s departure invalid and that the AGM had been adjourned until a date yet to be determined.

“The Council notes with deep concern that despite the adjournment of the meeting by the president of the Law Society of Kenya, one Mr Assa Nyakundi purported to chair a meeting of the amorphous entity known as Okoa LSK,” said Mr Mutua.

He claimed that Okoa LSK was “extremely well-funded and stage-managed the embarrassing disruption of the AGM”.

Mr Mutua has on several occasions insisted that the construction of the centre is being run in a transparent manner and those opposing the project are moles planted to paint a negative picture of the Society.