MCSK directors want to be involved in society decisions
Two directors of the Music Copyright Society of Kenya have gone to court seeking to reverse an order allowing the society chairman to run the affairs of the organisation without involving the board.
They say the September 29 court order is unreasonable and has disrupted the organisation’s activities.
Through lawyer Suiyanka Lempaa, Lazarus Muli and George Mwangangi say the orders issued on September 29 barred three directors from implementing resolutions passed in a meeting held on September 26.
Lempaa said the order restrains Muli and Mwangangi from executing their duties as directors of the MCSK.
Muli and Mwangangi say the order is likely to be abused to the detriment of MCSK members as the number of directors has been reduced and there is a lack of quorum to make decisions.
“The order has crippled the entire operations of the MCSK, given that the chairman alone cannot act without the board,” the court heard.
The lawyer told the judge that the order obtained by chairman Bernard Mukaisi (pictured) was sought without disclosure of material facts, as required by law.
Muli says the allegations made by the chairman while seeking the interim orders against him and two others were unfounded and the court should have given him and other affected parties an opportunity to tell their side of the story.
“The court acted on grounds which were misrepresented by the chairman on allegations that one of the members who elected him was not a director of the MCSK,” the court heard.
Because of the urgency, the judge directed the parties to exchange their documents ahead of the hearing on Monday.