High Court has temporarily barred DCI, IG and DPP from arresting or prosecuting Law Society of Kenya (LSK) president Nelson Havi for allegedly assaulting suspended CEO Mercy Wambua.
Earlier, Justice Jairus Ngaah stopped Havi’s plea taking and granted him leave to file his substantive application challenging his arrest and prosecution.
“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,” the order read.
Justice Ngaah directed the LSK president to file a substantive motion within seven days.
Through his lawyer, Bryan Khaemba, the LSK boss argued that the complaint made by Wambua was false.
“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.
“The DCI has usurped his authority and mandate to arrest and detain my client without conducting any criminal investigations.”
The defense counsel pleaded with the court to intervene as Havi 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 was arrested on Tuesday and later released on a Sh10,000 police bond.