BY SAM ALFAN.
Law Society of Kenya President Nelson Havi has obtained orders barring Director of Public Prosecution Noordin Haji from preferring criminal charges against him over alleged assault on LSK CEO Mercy Wambua.
But in a statement later, the DPP described Havi’s move as premature because although he had received the file containing the complaint of assault from the DCI, he was yet to make the decision to charge him.
“The DPP affirms that the said application is premature 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 n making the decision to charge,” Haji said through Victor Mule.
He said he will challenge the order, which was prematurely.
Earlier in the day, Justice Juirus Ngaah barred the DPP from preferring charges against Havi, pending the determination of his petition.
Havi was arrested over allegations of assaulting CEO Wambua and held at the DCI offices for a while. He was later released on a police bond of Sh10, 000, pending the charges.
Through lawyer Bryan Khaemba Havi said the arrest and intention to prosecute him was a contravention of his fundamental rights to a fair trial, fair administrative action and amounts to an abuse of the legal process.
“It is in the interest of justice that the intended prosecution of the Applicant be restrained pending the hearing and determination of the Petition challenging the arrest and intended prosecution,” lawyerKhaemba submitted.
Khaemba said he sought to quash the decision of the police to arrest Havi in respect of the alleged offences connected with allegations made by Wambua surrounding the events of the LSK Council meeting held on Monday July 12, 2021 at the LSK officers in Nairobi.
He sought to issue stay from further arrests or prosecution of the Application for alleged offences connected with allegations made by CEO Wambua surrounding the events of the LSK Council meeting held on Monday at the LSK offices in Nairobi.
“An order of prohibition directed at the Respondents prohibiting further arrests or prosecution of the Application for alleged offences connected with allegations made by Mercy Wambua surrounding the events of the LSK Council meeting held on Monday July 12, 2021 at the LSK offices in Nairobi, ” he urged the court.
Lawyer Khaemba says 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 added that the decision by the DCI have usurped their authority and mandate to arrest and detain him without conducting any criminal investigations.
He said Havi risks being charged in a Criminal Court if the court does not intervene to stop the intended prosecution.
The judge directed that application be served to DPP, Director of Criminal Investigations, Inspector General of police and the matter be mentioned on July 21 for directions.