Nelson Havi Found Guilty Of Professional Misconduct
The Advocate Disciplinary Tribunal found former Law Society of Kenya (LSK) president Nelson Havi guilty of professional misconduct.
Allen Waiyaki Gichuhi, another former LSK president, filed the complaint, accusing Havi of disseminating defamatory statements on social media channels that were damaging to his reputation.
Gichuhi further claimed that the posts caused him mental agony and emotional grief.
In his defence, Havi agreed to create the publications but denied causing harm to other parties. He further claimed that the Tribunal lacked jurisdiction to hear the complaint.
However, in a decision dated April 7, the Tribunal determined that it had jurisdiction to hear the complaint but not to impose damages for defamatory words.
The Advocates Disputes Tribunal finds Nelson Havi Liable for libeous and vitriolic speech against Allen Gichuhi SC, they have subsequently convicted him. pic.twitter.com/uOcoIEGX8j
— Ndong@Conslaw (@Ndonglaw043) April 23, 2025
“This is the preserve of civil or criminal courts. The Tribunal is only concerned with the conduct of the accused advocate as an advocate,” the judgment read.
The Tribunal recognized Havi’s use of vulgar, insulting, and humiliating language in the posts, as Gichuhi had protested.
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They claimed it harmed the legal profession’s public image and diminished the legal fraternity’s standing in Kenya.
“We also consider it a serious act of professional misconduct for an advocate, let alone the president of the LSK, to accuse fellow colleagues of theft in a public forum instead of lodging a formal complaint with the Directorate of Criminal Investigations (DCI) for investigation and appropriate action,” the Tribunal ruled.
The Tribunal also expressed worry about the growing trend of advocates criticizing one another on social media and other public platforms, despite the harm such behavior brings to the dignity of the whole profession.
The case is expected to be heard on November 17 this year for mitigation and sentencing.
Nelson Havi Found Guilty Of Professional Misconduct
