The High Court has ordered police to stop entering the premises of the Law Society of Kenya (LSK) and interfering with operations of the organisation.
Justice Anthony Mrima yesterday also directed that LSK President Nelson Havi should have unrestricted access to the offices, situated on Gitanga Road, Nairobi.
The judge said the headquarters, being a public place, is open to all LSK members and as such they too should not be denied access.
He further directed that the OCPD Kabete Francis Muthui and Deputy OCS Muthangari Police Station Benson Wambua be granted access to the headquarters to carry out investigations.
Judge Mrima gave the directives during the mention of a case filed by Mr Havi against the Inspector-General of Police, OCPD Kabete and Deputy OCS Muthangari Police Station over a recent break-in and destruction of property at the LSK headquarters. Mr Havi filed the case on behalf of LSK.
But when the case was called out by the court, another lawyer from Wambugu & Company Advocates emerged, claiming to have been instructed by LSK to represent the organisation. The lawyer also claimed to have been instructed by LSK to withdraw the case filed by Mr Havi.
Justice Mrima directed Mr Havi and Wambugu & Company Advocates to file their written arguments on representation of LSK in court.
In the petition, Mr Havi wants the two senior policemen (Mr Muthui and Mr Wambua) held personally liable for the destruction of property and harming of advocates during the violence witnessed at LSK offices a fortnight ago.
Mr Havi said the LSK premises were invaded by 50 armed police officers and 20 unidentified men in civilian clothes and the aim was to conceal and destroy documents that would shed light on money contributed by LSK members that cannot be accounted for.
He says on July 23, 2020 members in a special general meeting passed resolution for a forensic audit, although this is yet to happen.
In the court papers, Mr Havi narrates that between June 26 and August 10, 2021 police officers curtailed him and other LSK council members from accessing the organisation's boardroom.
On June 26, a contingent of 20 heavily armed police officers in two armoured personnel carriers were deployed under the command of Kabete OCPD and Muthangari deputy OCS to disrupt conduct of a special general meeting.
Further the police together with LSK chief executive mercy Wambua and a firm hired by LSK to guard the headquarters locked the door to the board room.
“On August 10 the respondents acting through a contingent of 50 heavily armed police officers and 20 unidentified men in civilian clothes under the command of the OCPD and OCS cut the chains and padlocks of the gate with a hacksaw,” says Mr Havi in the petition.
