The Employment and Labor Relations court has ordered the Law Society of Kenya (LSK) President Nelson Havi not to hold a special AGM to eject embattled CEO Mercy Wambua.
Ms Wambua had gone to court to have the meeting which had been slated for Saturday stopped, arguing that the move would violate her rights.
Havi had written to Wambua’s deputy to organise the meeting, among the agenda being commencement of recruitment for Wambua’s replacement.
An interparties hearing for the case is slated for December 4.
Ms Wambua was first suspended in September on claims of gross misconduct and abuse of office.
On October 19, Havi walked out of a council meeting that was meant to decide the fate of troubled CEO Mercy Wambua.
Havi had vowed to write Ms Wambua’s judgement alone, even as it seemed that the council members had decided to reinstate her following a disciplinary case that saw her suspended.
Before Havi could write and make public his judgement, the council had its judgement ready and shared with the media, in an event that the President was conspicuously missing.
In the statement, the council decided that Ms Wambua, who was on suspension between September 15 and October 18, resumes her work “with immediate effect”.
In her suspension, Ms Wambua was accused (by Havi) of gross misconduct and incompetence, which the council found unfounded.
“Nine out of 13 council members voted against the removal of the Secretary/CEO and therefore the motion to remove the Secretary from Office failed. The Majority of the Council members found that the allegations levelled against the CEO did not amount to gross misconduct and or incompetence,” the council said in a statement.
Later on, Havi delivered his own judgment that expelled Ms Wambua.
According to Havi, each member of the council was to write an individual judgment and then submit it to him for combination. He said that only three council members submitted their judgments, while others suffered what he termed as “writers block”.
“No decision was overturned. The Council resolved that each Council Member should write his or her reasoned decision for compilation by the President and deliver today. I delivered decisions of the VP, Herine Kabita, Esther Ang’awa and mine. The rest suffered writers block,” he wrote on Twitter.
The Law Society of Kenya (LSK) is set to discuss a motion to impeach President Nelson Havi on December 5, in a special general meeting.
In a five-page document, LSK member Charles Midenga accuses Havi of gross misconduct and contravention of Article 10 of the Constitution of Kenya.