Reprieve for LSK President Nelson Havi after the High Court stopped his prosecution this morning.
Justice Jairus Ngaah has issued the conservatory orders restraining the state from further arrests or prosecution of the applicant for alleged offences connected with the allegations made by CEO Mercy Wambua surrounding the events of the LSK Council meeting held on Monday at the LSK offices.
This is after Havi's lawyer Bryan Khaemba moved to court on Tuesday afternoon and sought orders barring the DPP, IG and DCI from arresting or prosecuting the LSK boss.
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Havi was arrested yesterday afternoon and later released on a ksh10,000 police bond then directed to appear in court to take the plea of assault.
He is alleged to have assaulted the LSK CEO Mercy Wambua on Monday during a council member meeting at their offices.
According to court documents seen by K24 Digital, Khaemba says his client was arrested and was scheduled to take plea this morning over Wambua’s complaint that he says was just rumours.
The lawyer argued that 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.
“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 said.
He urged the judge to intervene in the matter arguing that 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,” the court heard.
Khaemba sought the court orders saying that it was in the interest of justice that the intended prosecution of Havi is restrained pending the hearing and determination of the petition challenging the arrest and intended prosecution.
The lawyer further informed the court that the cumulative action and inaction of the state part have led to Havi being subjected to public ridicule and embarrassment.
“The DCI has usurped his authority and mandate to arrest and detain my client without conducting any criminal investigations,” argues Khaemba.
Justice Ngaah has further directed Havi to serve the DPP, DCI and the IG with the pleading within seven days.
The matter will be mentioned on September 21.
