Nelson Havi: How I’ll pull LSK from the dead

Newly elected Law Society of Kenya (LSK) president Nelson Havi has outlined his plan to reclaim the society’s perceived lost glory.

Havi, who was elected on Thursday, outlined three key priority areas in his quest to make the society as vibrant as it was years back. “The new LSK leadership will not make it difficult for the government but ensure things are better. We will offer oversight where it is required and ensure the Constitution is respected,” he said.

The society is fondly remembered as powerful and authoritative during its hey days when lawyers such as Pheroze Nowrojee, the late Mutula Kilonzo, Paul Muite, James Orengo, Raychelle Omamo, Okong’o Omogeni and Ahmednassir Abdulahi were at the helm.

Section 4 of the Law Society of Kenya Act outlines is functions as assisting the government and the courts in matters regarding legislation, administration of justice and the practice of law. It is also to assist members of the public in matters ancillary or incidental to the law. Havi promised to monitor legislation to enable member participation and public benefit, ensure the government and Judiciary uphold the rule of law and constitutionalism and to administer justice.

He told a section of members who perceive him as an extremist that the notion will disappear after they see his performance. He said they formed part of those who pronounced their will in the 60 per cent of LSK members who voted on Thursday.

With Chief Justice David Maraga expected to retire on January 12, 2021 when he hits 70, the new LSK leadership says it will ensure the Judicial Service Commission (JSC) gets the right person to fill the post.

Forwarded for action

Havi said he will involve all members in dealing with issues that require the society’s intervention before they are forwarded to the council for action.

With the large number of lawyers in Kenya, he plans to make use of the messaging app WhatsApp to discuss issues, a tool he successfully used during his campaigns across the country.

Previously, the LSK leadership used to meet once a month to make decisions, and some members always complained they were not involved.

On the issue of public litigation that has seen individuals such as activist Okiya Omtatah in the corridors of justice seeking orders on several issues, the new leadership intends to be more active in this role that is part of its mandate as per the LSK Act.

“We will be the ones to file cases to remedy any violations of the Constitution or rule of law. We need to take an active role in key issues of the country because the society has a primary role to do so. We will protect the Judiciary’s integrity,” he said.

Havi said unity in the society is among the first three issues in his agenda, adding that this will start at the Annual General Meeting scheduled for March 30. Majority of senior lawyers have kept off previous AGMs, but this apathy seemed to changed and most of them voted in the just concluded LSK elections. “I wrote to 1,000 lawyers who joined the profession before 1999 and signed the mails personally. I will speak to them to come to the AGM,” he said.

The new vice president, Carolyne Kamende Daudi, concurred with Havi on the unity of members, adding that they will also pick issues, that can benefit members, from their opponents’ manifestos.

She said instead of committees that have been monitoring legislation, the society will establish a directorate to strictly deal with the issue instead of following up after the law has been assented to by the President.