NAIROBI, Kenya, Jul 14 – The Law Society of Kenya (LSK) president Nelson Havi has successfully filed an application barring his prosecution after he was accused of assaulting the society Chief Executive Officer (CEO) Mercy Wambua.
Through his lawyer Brian Khaemba, the vocal lawyer made the application at the high court challenging his arrest and scheduled prosecution arguing that the charges leveled against him were false and malicious in nature.
Appearing before justice Jairus Ngaah, the court granted Havi leave, issuing stay orders that immediately barred him from taking plea as he sought to defend himself from the assault allegations.
“Leave granted shall operate as stay from further arrests or prosecution of the applicant for alleged offenses connected with the allegations made by Mercy Wambua surrounding the events of the LSK Council meeting held on Monday at the LSK offices,” said justice Ngaah.
The LSK president is now set to file a substantive motion on the matter within seven days.
Lawyer Khaemba argued that his client was the victim of ridicule based on lies peddled on social media and as a result his fundamental rights to a fair trial and fair administrative action were denied.
He further termed efforts to have him prosecuted as an abuse of the legal process.
“The police intent to prosecute him in respect of a complaint and offenses 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,” said Khaemba.
Have was arrested yesterday by detectives from the Directorate of Criminal Investigations and later released on a Sh10,000 police bond.
The case will be mentioned on September 21,2021.
What do we know about the incident?
The incident is said to have occurred during a scuffle at the LSK Gatanga road-based offices and was reported to police in Muthangari under OB34/12/7/2021.
Wambua told police that she was hurt in “her right arm and finger.”
According to her statement, the council had convened a meeting without her knowledge, despite being the society’s secretary.
But upon entering the venue, Wambua said she was dismissed as a stranger and asked to leave. She declined.
“He was there with legitimate council members allied to him as well as a team calling themselves caretaker members. Other legitimate council members joined online,” she said.
Adamant that she would not leave the meeting, Wambua said she sat down and opened her laptop.
It is at this point she alleged that the LSK President stood up and charged at her, slamming her laptop shut and then proceeded to push her.
“I was assaulted during the embarrassing incident. This is wrong,” she said. In the melee, she said, she had her arm and finger injured.
Wambua added that, ” I have also filled the P3 form for further police action.”
Havi however denied the allegations saying Wambua sought to interrupt the meeting and further proceeded to hold an online meeting.
“I closed her laptop, opened the door where after she stood up and left, on her way out she said she had been hurt and was going to report to the police station,” Havi said.
Wambua and Havi have had a long running tussle. This was after Havi declared her sacked in October last year.
He claimed that Wambua was part of the team that had allegedly embezzled the society’s money. The council later reinstated her.
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