The Office of the Directorate of Public Prosecutions (ODPP) through its director, Noordin Haji, has confirmed that it will proceed with pressing assault charges against LSK President Nelson Andayi Havi.
The DPP Noordin Haji.
Earlier on the High Court granted Havi orders barring the DCI, DPP, and Inspector General of police from arresting or prosecuting him over the assault charges brought against him by the suspended CEO of the Law Society of Kenya, Mercy Kalondu Wambua.￼
In its response the ODPP stated as follows:
LSK CEO Mercy Wambua.
The statement by Haji further affirmed that Havi's application was premature and since the ODPP owes fidelity only to the Constitution it was presumptuous to think such orders of prohibition and certiorari were binding upon it.
"The ODPP is independent, owing fidelity only to the Constitution in deciding to charge," said Haji adding, "The DPP shall challenge the order which was granted ex-parte."
Should Haji proceed with pressing charges against Havi, the High Court will once more find itself in an awkward place with its judicial decision being challenged by an officer of the same Court.
LSK President Nelson Havi.
Havi was arrested on Tuesday and spent a good portion of the day being grilled by DCI officers and was later released on an Shs 10,000 cash bond. On Monday Mercy Wambua in the presence of her lawyer wrote a statement at Muthangari Police Station indicating she had sustained injuries on the wrist following attack and molestation by Havi.
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