Director of Public Prosecutions(DPP) Noordin Haji has vowed to challenge a court order barring the arrest and prosecution of Law Society of Kenya (LSK) President Nelson Havi in an alleged assault case.
This is after the High Court issued a conservatory orders restraining the state from further arrests or prosecution of Havi.
According to Haji, the court orders that bars police from arresting or charging Havi over alleged assault on the society’s chief executive Mercy Wambua was issued prematurely.
“The DPP affirms that the said application is pre-mature as no decision has been made in relation to the assault case and reiterates that the decision to charge is independent and the ODPP owes fidelity only to the Constitution in making the decision to charge. The DPP shall challenge the order which was prematurely granted ex-parte,” he said in a statement.
Haji said that he had only just received the file from the Directorate of Criminal Investigations (DCI) for directions and the file was still under review.
Haji argued that the court’s ruling was meant to sabotage the DPP’s decision.
“The file was submitted to the ODPP on the 14th July 2021 at ODPP House, Ragati Road at 8:30 am for independent perusal and directions. While the file is still under review, it has come to our attention and knowledge, through the social media, of a ruling in Nairobi High Court Judicial Review Application No. HCJR/Eo9o/2o2i, Nelson Havi Vs Director of Public Prosecutions and Inspector General of Police granting the applicant leave of the Court to apply for Judicial Review by way of orders of Certiorari and Prohibition for purpose of quashing the decision of the Director of Public Prosecutions (DPP), which decision is yet to be made,” he said.
Havi’s lawyer Bryan Khaemba moved to court on Tuesday afternoon and sought orders barring the offices of DPP, Inspector General and DCI 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.