Senior Counsel Nelson Havi has threatened to file a lawsuit against the police officers involved in the arrest and detention of advocate Ndegwa Njiru, saying they will be held personally liable for allegedly violating the lawyer’s constitutional rights.
Speaking outside court after the Office of the Director of Public Prosecutions declined to approve charges against Njiru, Havi said the decision not to prosecute did not absolve the officers who carried out the arrest.
“There has been a fundamental breach of his rights and freedoms which will be pursued,” Havi said.
Havi argued that Njiru was unlawfully arrested and detained despite prosecutors refusing to sanction the proposed obstruction charge. He said the arrest itself gave rise to a constitutional claim for violation of Njiru’s rights to liberty and freedom.
“It means in law that there has been an accrual of a cause of action for violation of these fundamental rights, the right to freedom and the right to liberty,” he said.
The Senior Counsel warned that the intended suit would target the individual police officers responsible for the arrest rather than the State.
“I don’t know who the officer behind this nefarious act was. We’re coming for you personally. The government will not pay for this violation. You will pay it from your own pocket,” Havi declared.
To illustrate his position, Havi recalled that he had previously filed a constitutional petition over the violation of his own rights and was awarded KSh5 million in compensation by the High Court.
“I’ve been in this position before. I sued the Government of Kenya. Justice Anthony Mrima ordered them to pay me KSh5 million, which they paid,” he said.
Havi further alleged that Njiru’s arrest was part of a growing trend of intimidation against advocates who speak out on constitutionalism, accountability and good governance. He urged members of the legal profession to stand together whenever lawyers are arrested, saying advocates were increasingly becoming targets because of their role in defending the rights of Kenyans.
Njiru was later released after the ODPP declined to approve the proposed charges against him.
