Supreme Court stops Sh1.2bn LSK centre
Law Society of Kenya chairman Erick Mutua addresses lawyers at a past event. The Supreme Court has temporarily stopped plans by lawyers to build a Sh1.2 billion international arbitration centre in Nairobi. PHOTO | FILE |
The Supreme Court has temporarily stopped plans by lawyers to build a Sh1.2 billion international arbitration centre in Nairobi.
Justice Mohammed Ibrahim ruled that an application by rebel lawyers opposed to the Law Society of Kenya’s (LSK) plan to build the centre had raised weighty constitutional questions.
The judge said the issues would be overtaken by events if the construction project began before the case is concluded.
“It would be in the interest of fairness and justice if conservatory orders are granted. The application appears to raise constitutional questions which has to be heard on merit. In the circumstances, I grant orders stopping the project until the case is heard inter partes,” ruled Ibrahim.
The rebel LSK members, totalling 1,047, had filed an urgent appeal at the Supreme Court against a Court of Appeal decision, which allowed the LSK to deduct Sh39,000 from each of its members as contribution for constructing the arbitration centre.
The lawyers’ plans for the centre have been the subject of a protracted court battle that led to a falling out and the creation of the rebel camp.
PRACTISING LICENSE
The rebel group challenged the process in January and obtained orders stopping the LSK from demanding the money as a precondition for getting a practising licence.
Justice Mumbi Ngugi also suspended a resolution passed by the society at their annual general meeting to construct the centre.
The LSK then went to the appellate court, where judges Erustus Githinji, Roselyn Nambuye and William Ouko overruled the High Court and directed that an account be opened for the rebel lawyers to deposit their contributions.
That prompted the LSK to write to each of the lawyers on June 23 demanding that they comply with the Court of Appeal ruling and pay the Sh39,000 or be cited for contempt if they failed to do so.
The Court of Appeal decision and the LSK move prompted the lawyers opposing the project to seek the intervention of the Supreme Court.
Justice Ibrahim directed them to serve the LSK with the application within four days and the LSK to respond within 10 days, after which they would be given a hearing date.
