The High Court in Nairobi has restrained police from accessing premises of the Law Society of Kenya amid claims by LSK President Nelson Havi that the men and women in uniform are being used by the state to frustrate operations of the lawyers’ body.
In the orders granted on Monday, Justice Antony Charo Mrima further barred police from interfering with the internal affairs of the society pending hearing of a petition by LSK.
In the case, LSK had sued Attorney General Kihara Kariuki, Inspector General of Police Hillary Mutyambai, Kabete OCPD Francis Muthui and Muthangari Deputy OCS Benson Wambua citing interference of its affairs by the police.
“The 2nd 3rd and 4th Respondents whether by themselves or their servants, agents or howsoever otherwise, are hereby restrained from entering into, remaining upon and/or in any manner whatsoever from interfering with the affairs and operations of the Law Society of Kenya on the premises known as Land Reference No. 3734/16,” the judge ordered.
Read: Havi Cries Foul as Police Storm LSK Offices, Disrupt Meeting [Video]
“However, the 2nd, 3rd and 4 Respondents whether by themselves or their servants, agents shall have unhindered access into the said premises in the course of carrying out any lawful investigations or when circumstances reasonably require the restoration of law and order, as the case may be.”
Justice Mrima also ruled that Havi, his deputy Carolyne Kamende and other LSK council members shall have unrestricted access into the premises after a chaotic session witnessed a fortnight ago.
The case will be mentioned on October 13, 2021.
Havi has severally accused Muthangari Police Station OCS of allegedly interfering in the internal affairs of the LSK council.
In a tweet on August 2, Havi said the OCS has consistently dispatched two police officers to the LSK offices under strange circumstances.
Read Also: Motion Filed To Impeach LSK President Nelson Havi
“What really, is the interest of the OCS Muthangari Police Station in the internal affairs of the Law Society of Kenya? These officers are permanently stationed at the LSK Headquarters on orders from “above,” he lamented.
“Today, they locked up the Board Room and prevented the holding of a lawful meeting at the Headquarters of the Law Society of Kenya.”
On August 10, chaos rocked an LSK council meeting after rival factions clashed amid the ongoing internal wrangles pitting Havi and embattled CEO Mercy Wambua.
The groups confronted each other with Havi accusing police of laying an unnecessary siege at the LSK offices on Gitanga Road.
Read Also: LSK President Nelson Havi Arrested Following Assault Claims
Havi’s frosty relationship with Wambua has made headlines severally in the past with the latter accusing the LSK President of assault recently leading to his arrest.
In June, Wambua was sent on compulsory leave to pave way for the selection of her replacement after 118 members nodded to the move against 16 who stood with her.
Havi claimed that Wambua was trying to shield two former presidents who siphoned funds from the body.
Read Also: Josephat Mutunga Mutisya Appointed LSK CEO As Mercy Wambua Is Ousted
But Wambua has stood her ground dismissing claims that she had been sent on compulsory leave.
“I am not on any compulsory leave. Decisions of the council are made by majority of the council members. I have not received a decision of the council sending me on compulsory leave and what I have is reinstatement from the council to work since October last year when Havi started kicking me out and he is actually in contravention of court orders,” Wambua said recently with Havi insisting that she had been replaced by Josephat Mutunga as CEO.
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