The Office of the Director of Public Prosecutions (ODPP) has opposed the High Court ruling that protects Law Society of Kenya president from being arraigned.
The court barred the police from arresting or charging Nelson Havi over alleged assault on the society’s CEO Mercy Wambua.
The ODPP’s opposition statement comes hours after Justice Jairus Ngaah shielded Havi from imminent prosecution in an escalation of differences between him and Ms Wambua.
LSK president moved to court after Wambua filed a complaint that she had been assaulted during an LSK Council meeting held on Monday, July 12, at the LSK offices in Nairobi.
While opposing the court’s verdict, the state prosecutor said the decision to prosecute or charge is independent and can only be controlled by the Constitution.
“The ODPP affirms the application as immature since no decision has been made in relation to the assault case and we shall challenge the order. It was prematurely granted,” Victor Mule said.
Mule said the file was still under review and that the court’s Wednesday mid-morning ruling was meant to sabotage the DPP’s decision.
“It has come to our attention via social media of a Nairobi High Court ruling granting the applicant leave of court for purpose of quashing the decision of the DPP, which is yet to be made,” Mule added.
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Havi was arrested on Tuesday morning at his office in Westlands, questioned by DCI detectives before being released on Sh10,000 cash bail.
Havi’s lawyer, Brian Khaemba, told the court his client was arrested in his office without notice or explanation of what he had done.
According to Havi, he learnt about Wambua's assault claims from the media.
Wambua told the media her hand was injured when Havi slammed the laptop on it.