The High Court in Nairobi has barred the police from arresting or charging Law Society of Kenya (LSK) President Nelson Havi over alleged assault on the society’s CEO, Mercy Wambua.
Justice Jairus Ngaah yesterday shielded Havi from imminent prosecution in an escalation of differences between him and Wambua.
Havi moved to the High Court after Wambua filed a complaint that she had been assaulted during an LSK Council meeting held on Monday at the society's offices in Nairobi.
Lawyer Brian Khaemba, who is representing Havi, told the court that his client was arrested on Tuesday in his office without a notice or explanation of what he had done.
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“Prior to his arrest, the respondents had not issued any summons or notice to the applicant requiring his presence at any location of their convenience either to offer clarifications, answer questions or assist with any investigations relating to any matter criminal or otherwise,” Khaemba said.
According to Havi, he learnt about Wambua's assault claims from the media.
Meanwhile, the Director of Public Prosecutions Noordin Haji has said he is yet to decide whether to charge Havi for alleged assault.