The new Law Society of Kenya President Nelson Havi has formed an alliance with senior counsels perceived to be close to Deputy President William Ruto with the sole objective of using the LSK to push the DP’s political agenda.
Kenyan News Day understands that, together with controversial Senior Counsels Ahmednasir Abdullahi and Prof Tom Ojienda, Havi has mooted a conspiracy to pursue Ruto’s agenda while at the same time frustrating government officials using courts of law.
The intricate plan was agreed at a recent meeting and will come through litigation and public sponsored cases out to challenge President Uhuru Kenyatta’s executive decisions disguised as public interest litigation.
That Abdullahi, Ojienda and Havi are working together can be seen in their online activities mostly via Twitter where the three continuously tag each other in tweets intended to sway public opinion against the government.
In one of the tweets that suggest a desire to control the Supreme Court, Havi almost lets the cat out of the bag by giving a preferred line up of persons he would like to see applying for Chief Justice position. David Maraga’s tenure is expected to end on 12 January 2021 upon his attainment of 70 years retirement age as stipulated in the Kenyan constitution.
In another tweet, SC Prof Ojienda heartily congratulates SC Abdullahi on his appointment as Chairman of the influential Senior Counsel Committee at the LSK.
Congratulations to SC @ahmednasirlaw the Chairman of the Senior Counsels' Committee.
— Prof. Tom Ojienda SC (@ProfOjiendaTom) May 20, 2020
The three lawyers have a power plan to capture key institutions of the judiciary such as the Judicial Service Commission, the Supreme and Appeals courts, then use Havi’s capacity as LSK President to mobilize legal and public support and mask Ruto’s political interest in the cases.
The Law Society of Kenya @lawsocietykenya under President @NelsonHavi is the new SHERIFF in town…PRIVATE PROSECUTION of government officials is COMING BACK. Under section 4 of LSK Act, LSK has HUGE POWERS and BIG RESPONSIBILITIES @ProfOjiendaTom
— Ahmednasir Abdullahi SC (@ahmednasirlaw) May 17, 2020
According to sources close to the trio, the three had discussed various high profile cases that they consider will constrain the President and give Ruto some political leeway.
The three lawyers form the summit of what is a group of controversial lawyers assembled by the Deputy President for the upcoming legal battles for keeping Uhuru and Ruto on the back foot.
The presumptive head of the lawyers Ahmednasir Abdullahi has made their intentions known.
To begin with, one of the foremost cases involves filing a petition under a certificate of urgency at the High Court to attempt to nullify the deed between the Nairobi County Government and the National Government which transferred key functions to the Nairobi Metropolitan Services (NMS). The idea is to restore Mike Sonko as the substantive Governor of Nairobi, a major source of cash for DP Ruto.
Our source intimated that this particular petition had already been drafted and all that remained was for Abdullahi and Ojienda to tie “loose ends” at the judiciary to ensure success.
The source added that the three lawyers were also working on yet another case to be filed independently seeking to compel the government to make public the accounts related to the COVID-19 disaster fund and to make full disclosure of how donations received so far have been disbursed, including facemasks, test and swabs kits, ventilators and protective clothing donated by Chinese billionaire Jack Ma.
In this particular case, the objective is to expose Uhuru’s teams as corrupt and abusing their powers.
If we could convince the following to apply for Chief Justice: Ahmednasir Abdullahi SC; Prof Tom Ojienda SC; George Odunga JA; and Prof Joel Ngugi JA and monitor the Judicial Service Commission not succumb to manipulation, Judiciary will be independent and accountable come 2021.
— Nelson Havi (@NelsonHavi) April 25, 2020
Another high profile case against the national government the Ruto team are considering is that to seek nullification of any radical changes on the structure of the Executive that the President is soon expected to introduce through a parliamentary initiative to avoid the prerequisite referendum.
With unconfirmed reports saying the President is on the threshold of constituting a multi-agency economic recovery team headed by ODM Party Leader Raila Odinga, Ruto’s lawyers are also waiting with bated breath to exploit legal loopholes to challenge its constitutionality.
Along with this is yet another intricate plan to use the courts to strongly oppose recommendations in the Building Bridges for National Unity Advisory Taskforce report calling for the disbandment of the Independent Electoral and Boundaries Commission (IEBC).
The DP prefers a statistical quo maintained at IEBC beyond the 2022 general elections where pundits believe he has established networks who will enable him easily manipulate presidential election results.