High Court has stopped Law Society of Kenya(LSK) president Nelson 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.
Havi was released from police custody yesterday evening on a Sh.10, 000 cash bail.
He claimed his arrest was meant to harass him.
The case will be mentioned on September 21 for a hearing when parties will make their submissions to the court.