The Federation of Women Lawyers (FIDA-Kenya) has strongly condemned recent assault on Law Society of Kenya Chief Executive Officer Mercy Wambua allegedly occasioned by Nelson Havi.
In a press statement, the organization said that the incidence is bad precedence that is negatively castigating the legal profession.
“It is also propagating violence against women which is retrogressive to the gains that Kenya has so far made in pushing for gender equality,” stated the organization.
According to the organization, it is under the current LSK president that protracted wrangles between the Council and Secretariat have persisted resulting in a divided LSK and the attempted ouster of Wambua.
Addittionally, it stated that the nature of the assaults against Wambua have been typified in bullish, intimidating and unprofessional behaviour.
“This goes against the LSK Code of Conduct that Havi has been sworn to as an Advocate of the High Court of Kenya and as a representative elected to serve fairly and be guided by the rule of law in service as a Council president,” it stated.
The organization is now calling upon the National Police Service and the Directorate of Criminal Investigation to ensure a just and speedy determination of this assault case to safeguard the safety of women in Kenya.
Today, the High Court has stopped Havi’s prosecution in alleged assault case.
This is after Havi’s lawyer Bryan Khaemba moved to court yesterday afternoon and sought orders barring the offices of Director of Public Prosecutor, Inspector General and Directorate of Criminal Investigation from arresting or prosecuting the LSK boss.
Justice Jairus Ngaah has issued the conservatory orders restraining the state from further arrests or prosecution of the applicant.
“Leave granted shall operate as stay from further arrests or prosecution of the applicant for alleged offences connected with the allegations made by Mercy Wambua surrounding the events of the LSK Council meeting held on Monday at the LSK offices,” he ordered.
Further, Justice Ngaah directed Havi to file a substantive motion within seven days.
Khaemba argued that his client was arrested and was scheduled to take plea over Wambua’s complaint that was untrue.
“The police intent to prosecute him in respect of a complaint and offences related to rumours and innuendo peddled through print and social media, following a meeting at the LSK offices, Gitanga Road which he was present in his professional capacity as the elected President of the LSK,” Khaemba argued.
Khaemba said the arrest and intention to prosecute Havi is a contravention of his fundamental rights to a fair trial, fair administrative action and amounts to an abuse of the legal process.
He told the court that it was in the interest of justice that the intended prosecution of Havi be restrained pending the hearing and determination of the petition challenging the arrest and intended prosecution.