Tribunal charges Havi over online attacks on colleague

Former Law Society of Kenya (LSK) president Nelson Havi’s style of criticism has landed him in trouble.

Havi posted a series of tweets on his X account concerning his predecessors, Allen Gichuhi and Isaac Okero.

Gichuhi sued him before the Advocates Disciplinary Tribunal, arguing that the statements, which were then repeated on a television show, were not only defamatory but also blackmail and maligning.

He accused Havi of professional misconduct, adding that breach of the advocate's professional conduct.

The tribunal had agreed with Gichuhi.

• .

  Keep Reading

• 
  Nelson Havi guilty of professional misconduct, to be sentenced
• 
  Nelson Havi's conduct embarrassed legal profession, tribunal says
• 
  Omtatah, eight others file fresh suit over Ruto's 'odious' debts
• 
  Boost for Supreme Court judges in case against JSC, lawyers

Andrew Kituyi, Gathii Irungu, and senior lawyer William Maema in their verdict, said that Havi fell short of the status of an LSK president and eroded the legal profession's reputation in the public's eyes.

The trio said that it also lowered the esteem of the fraternity of advocates in Kenya.

“The tribunal feels compelled to present the emerging trend of advocates mudslinging one another on social media and other public forums for a to the damaging consequences of the dignity of the entire profession arising from such misconduct.”

“The legal profession is known for its decorum, dignity, and culture. Young advocates are entitled to see the right examples and role models in their profession. The kind of behaviour exhibited by the accused advocate in this matter fell far short of the mark. We, accordingly, find that it constituted professional misconduct,” the trio ruled.

According to Irungu, Kituyi, and Maema, Havi used vulgar, abusive, and demeaning language in his social media wall.

They observed that he also targeted the Federation of Women Lawyers (FIDA) leadership.

“Use of demeaning, feministic and vulgar language on social media posts referred to in the complaint does not in any way uplift the image of the legal profession in the eyes of the public, especially because they were originating from the president of the LSK at the time,” the tribunal found.

In his response dated March 23, 2023, Havi admitted to publishing the tweets that Gichuhi complained about.

He, however, in his rebuttal, denied any breach of professional conduct.  Havi argued that there was no evidence to show that his words had injured third parties as had been complained of.

At the same time, he argued that the tribunal had no powers to award any damages for defamation.

He said Gichuhi's claims arose from his leadership style. According to Havi, his predecessor was not happy about his aggressive stewardship of society.

The case will be mentioned on November 17, 2025, for mitigation.