Western Jurists Forum has demmanded that the intended prosecution of Nelson Andayi Havi, the President of the Law Society of Kenya be immediately stopped.
This comes a day after Havi was arrested for allegedly assaulting Chief Executive Officer Mercy Wambua.
In a statement signed by the sacco’s chairman, John Oscar Juma, the jurists demanded that a proper and detailed investigations of the alleged assault on Wambua be conducted before a decision to charge or otherwise is arrived at.
“The issue should not be looked at through political or narrow feminist considerations,” read part of the statement.
Juma questioned if the Directorate of Criminal Investigations(DCI) had completed the investigations by the time they arrested Havi and why the DCI officers from the headquarters were involved yet the complaint had been lodged at Muthangari Police Station.
“Had the complainant filed the necessary medical report (P3 Form) with
the Police before the arrest? Why the supersonic speed in arresting Havi and even attempting to search his private Offices? Why did the officers opt to arrest him rather than issue summons for his appearance for interrogation?” he posed.
According to Juma, they are cognizant of the fact that the law should apply to all, including Havi, however, their conscience must be pricked when the authorities purposively go out of their way to abuse their arrest and prosecutorial powers.
He noted that the powers of arrest and prosecution should be applied judiciously, fairly and equitably and should in no way be used as a tool for political persecution or for muzzling citizens from expressing themselves on all matters.
Additionally, Juma said the powers of the police should not be used to interfere with the running of the affairs of the LSK, through harassment, intimidation and injustice against Havi.
Juma noted that the state of affairs has splited the Council and indeed the entire Society in the middle, with some standing with the LSK President while others have found solitude on the side of the Secretary and Chief Executive Officer.
Havi was arrested at his office in Nairobi and taken to DCI headquarter offices.
In the company of her lawyer Steve Ogolla, Wambua recorded a statement at the Muthangari Police Station stating that Havi allegedly accosted her in the boardroom where she was to have a meeting.
“She advised Havi that the boardroom had been booked for another meeting and she is actually in that meeting, and Havi demanded that she vacates the boardroom ostensibly because he had another meeting also happening at the time,” said lawyer Ogolla.
According to Ogolla, when Wambua hesitated Havi charged towards her attempting to slap her, which she dodged then Havi slammed her laptop effectively crashing her fingers.
“I feel harassed and bullied, my hand is painful as we speak and my finger can’t actually stretch…and this is not the first time this is happening, even on Friday he attempted to assault me,” Wambua said.
However, Havi dismissed the claims saying Wambua forced her way into the boardroom while they were having a meeting with the intention of recording the proceedings.
He claims Wambua was interrupting an ongoing meeting at the boardroom with an intention of eavesdropping and secretly recording the proceedings.
“She sought to interrupt that meeting, whereafter we asked her to leave and when she insisted to continue with an online meeting, I don’t know with whom, I closed her laptop, opened the door, whereafter she stood up and went,” he said.