Former Law Society of Kenya (LSK) president Nelson Havi has been found guilty of professional misconduct by the Advocate Disciplinary Tribunal, following accusations of publishing defamatory remarks against a fellow advocate on social media.
The complaint was lodged by Allen Waiyaki Gichuhi, also a former LSK president, who claimed Havi’s public posts tarnished his reputation and subjected him to mental anguish and emotional distress.
In response, Havi acknowledged making the statements but denied causing harm, further arguing that the Tribunal lacked the authority to preside over the matter.
However, in a judgment delivered on April 7, the Tribunal dismissed Havi’s objection, affirming it had the jurisdiction to deliberate on the professional conduct of advocates, though it could not award damages for defamation, which falls under the purview of civil or criminal courts.
“The Tribunal’s mandate is limited to examining the conduct of advocates in their professional capacity,” the ruling stated.
The Tribunal condemned Havi’s use of vulgar and demeaning language in his posts, stating that such conduct undermined the integrity of the legal profession and diminished the public’s confidence in the Law Society of Kenya.
“It is a serious act of professional misconduct for an advocate, particularly a sitting LSK president, to publicly accuse fellow colleagues of theft instead of pursuing the appropriate legal channels such as reporting to the Directorate of Criminal Investigations (DCI),” the judgment read in part.
Additionally, the Tribunal voiced concern over a growing pattern of legal practitioners attacking each other on social media, warning that such behavior damages the collective dignity and credibility of the legal fraternity in Kenya.
Havi, known for his outspoken presence online alongside other high-profile lawyers like Donald B. Kipkorir and Ahmednassir Abdullahi, now awaits the next phase of the case.
The matter is set to be mentioned on November 17 for mitigation and sentencing.
