In a legal drama that pitted a prominent lawyer against petitioners, the High Court in Kerugoya has granted a significant reprieve to Faith Odhiambo Mony, the President of the Law Society of Kenya. The court ruled that she cannot be sued in her personal capacity for actions related to her official role, ultimately ordering her removal as a named individual respondent in two consolidated petitions.
The case revolved around Ms. Mony’s previous appointment to a government compensation panel. Certain petitioners had sued her personally, arguing that her acceptance of the role, while serving as LSK President, created a conflict of interest. They sought a court declaration that her actions violated constitutional principles of leadership and integrity.
However, in a strategic move, Ms. Mony resigned from the panel months before this hearing. Her legal team argued that with her resignation, the central issue against her had become irrelevant. They contended that retaining her as a party in the case was improper and would subject her to undue personal hardship for a matter from which she had already stepped away.
The petitioners pushed back, insisting her presence was necessary. One petitioner argued that you cannot separate the person from the office, suggesting that Ms. Mony, as the “very soul” of the LSK, remained accountable. Another petitioner raised allegations that the panel had potentially disobeyed a court order after her resignation and attempted to link her to this purported contempt.
The court, however, found these arguments unpersuasive. Justice Adward M. Muriithi methodically dismantled the petitioners’ case. He pointed out that any alleged contempt by the panel occurred after Ms. Mony’s resignation, and liability could not retrospectively attach to her. He clarified that she was in the same position as someone who had simply declined the appointment in the first place.
Furthermore, the judge addressed the core conflict-of-interest claim. He reasoned that since Ms. Mony had resigned, she was no longer “accepting” the appointment, and thus the declared conflict had evaporated. The court deemed the question against her moot, comparing it to a theoretical textbook discussion with no live legal consequence.
Crucially, the ruling emphasized that the Law Society of Kenya itself was already a party to the lawsuit. The judge concluded that any broader question about the propriety of the LSK President serving on such a panel could be “effectually and completely” adjudicated with the LSK as a party, making Ms. Mony’s personal involvement unnecessary.
See more HERE
Leave a Reply