Tribunal Finds Nelson Havi Guilty of Misconduct Over Defamatory Social Media Posts
Nairobi, Kenya
Former Law Society of Kenya (LSK) President Nelson Havi has been declared guilty of professional misconduct by the Advocate Disciplinary Tribunal. The ruling comes after Havi published what were deemed defamatory and abusive statements targeting fellow lawyer and former LSK president, Allen Waiyaki Gichuhi, on social media.
Gichuhi had lodged a formal complaint, citing reputational damage, emotional distress, and mental anguish as a result of Havi’s online commentary. He argued that the content Havi shared on digital platforms not only tarnished his image but also undermined the integrity of the legal fraternity.
Havi's Posts Deemed Abusive and Detrimental to Legal Profession
In its ruling dated April 7, 2025, the Tribunal acknowledged it had the jurisdiction to assess Havi’s conduct but emphasized it was not mandated to award damages for defamation, clarifying that such powers lie with civil or criminal courts.
“The Tribunal is only concerned with the conduct of the accused advocate as an advocate,” the judgment noted.
The panel found that Havi’s statements contained vulgar, demeaning, and abusive language. They concluded that the nature of the posts not only disrespected a fellow legal practitioner but also brought the profession into disrepute.
“It is a grave breach of professional conduct for an advocate—more so one who once led the LSK—to accuse peers of criminal conduct in public without initiating due legal process through appropriate investigative agencies like the DCI,” the Tribunal stated.
A Warning Against Growing Indiscipline Among Legal Practitioners
The ruling further sounded an alarm over the growing culture among lawyers of airing grievances against one another on social media. The Tribunal warned that such actions degrade the public perception of the legal profession and threaten the collective dignity of legal practitioners in Kenya.
“It is concerning to observe a rising trend where advocates, instead of pursuing professional channels, resort to public forums to express personal disputes,” the Tribunal noted. “This behavior not only discredits individuals but the entire profession.”
Havi, in his defence, admitted to publishing the content in question but denied any malicious intent or harm. He also challenged the Tribunal's authority to hear the matter—a position the panel firmly rejected.
Sentencing Awaited in November
The case will next be mentioned on November 17, 2025, when the Tribunal is expected to hear mitigation submissions and subsequently deliver its sentencing. The legal community now watches closely as this high-profile disciplinary matter approaches its conclusion.
