Director of Public Prosecutions (DPP) Noordin Haji will challenge a court order blocking the arrest and prosecution of Law Society of Kenya (LSK) president Nelson Havi.
In a statement, the DPP said the order was issued prematurely as his office was yet to make a decision on the assault case brought forward by LSK CEO Mercy Wambua.
The DPP noted that he had just received the file from the DCI for directions.
— Office of The Director Of Public Prosecutions (@ODPP_KE) July 14, 2021
“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 & 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,” read the statement signed by Victor Mule.
“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.”
Havi, through his lawyer Bryan Khaemba, argued that the DCI “usurped his authority and mandate to arrest and detain my client without conducting any criminal investigations”.
Khaemba pleaded with the court to intervene in the matter as his client risked being charged in a criminal court.
“In the most unfair administrative action, the police have totally refused to furnish the applicant with reasons for their decision to arrest and detain him despite him requesting for the same,” Khaemba said.
Havi is accused of assaulting the body’s chief executive at the Gitanga Road-based offices on Monday.
He was arrested and grilled at the DCI Headquarters and later released on Sh10,000 police bond pending arraignment.
The LSK boss was set to take plea but was stopped by Justice Jairus Ngaah.