In a ruling delivered by High Court Judge, Justice Antony Murima on Monday, August 23, the police were issued with a restraining order.
Police Boss Hillary Mutyambai, Kabete OCPD Francis Muthui and Deputy OCS Benson Wambua have been barred from accessing the premises of LSK and the society’s offices.
The three had been listed as the second, third and fourth respondents in a petition filed by LSK, seeking interim conservatory orders.
In the petition, the society, through Havi & Company Advocates, the society instituted a petition claiming infringement on its rights and fundamental freedoms, as well as those of its members. Police officers working with the three have also been tagged in the restraining order.
The police were also ordered from interfering with the affairs and internal operations of the society.
“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 the operations of the Law Society of Kenya,” the ruling read in part.
However, the police will 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.
The court thwarted an attempt by LSK to restrain Attorney General Paul Kihara from gaining access into the premises.
In recent weeks, there has been a push and pull between the police and the society. The first incident happened on August 2, when the LSK President Nelson Havi confronted two officers at the headquarters.
According to Havi, the two officers had allegedly locked up the offices, preventing the council from having a meeting. On August 10, a group of police officers broke into LSK offices, days after a change of security guards.
Source: KENYAGIST.COM