Law Society of Kenya (LSK) President Nelson Havi on Wednesday, July 14, got a reprieve after the High Court halted his plea taking as scheduled.
The LSK CEO Mercy Wambua accused Havi of assault on Monday, July 12, during a council meeting at their head office.
However, through his lawyer Bryan Khaemba, Havi made an application before the High Court and secured an order barring his prosecution.
Speaking to Kenyans.co.ke, Khaemba confirmed he had obtained the order to protect his client.
In his court application, Khaemba argued his client was arrested and scheduled to take a plea over false claims by Wambua.
He further stated that the DCI breached their mandate by arresting his client without conducting any investigations.
“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,” Khaemba argued.
Justice Jairus Ngaah gave Havi leave to file an application challenging his arrest and prosecution within seven days.
“Leave be granted to the ex parte applicant to apply for Judicial Review by way of an Order of Prohibition directed at the respondents prohibiting further arrests or prosecution of the application for alleged offenses connected with allegations made by Ms. Mercy Kalondu Wambua surrounding the events of the LSK Council meeting held on Monday 12th July, 2021 at the LSK offices in Nairobi,” Justice Ngaah stated.
Havi was on Tuesday, July 13 arrested but later released on a Ksh10,000 police bond and instructed to appear in court on Wednesday, July 14.
