Nelson Havi Found Guilty Over Defamatory Statements on Social Media
The Advocates Disciplinary Tribunal has found former Law Society of Kenya (LSK) President, Nelson Havi, guilty of professional misconduct after he made defamatory statements against Allen Gichuhi, also a former LSK president.
The accusations stem from social media posts Havi made on his X account and remarks during a television interview on July 12 and 13, 2021.
In its ruling, the tribunal stated that Havi’s comments were inappropriate, disrespectful, and harmful to the reputation of the legal profession. Given his leadership role at the time, his conduct was considered particularly damaging.
The tribunal emphasized that Havi’s words and actions failed to reflect the dignity and decorum expected from the head of the LSK.
Havi had accused Gichuhi, his predecessor, of being involved in the misappropriation of LSK funds. However, the tribunal strongly criticized his choice of language, describing it as vulgar, feministic, and unprofessional.
It said such statements, especially when made by someone in his position, gave the public the wrong impression about the standards upheld by legal professionals.
“The use of such degrading language in the public domain—particularly from the LSK president—does not uplift the image of the legal fraternity,” the tribunal noted.
“When a leader of the profession exhibits such low levels of conduct, the public may wrongly assume this behavior reflects the norm across the entire profession.”
Allen Gichuhi had responded to the remarks by filing an official complaint through an affidavit dated July 19, 2021.
In the document, Gichuhi accused Havi of defamation, saying the statements caused him immense mental stress and damaged his public image.
He claimed Havi’s actions amounted to blackmail and included multiple tweets posted by Havi as evidence to support his claims.
The tribunal pointed out that if Havi genuinely believed that Gichuhi had committed a criminal act, the appropriate procedure would have been to file a formal complaint with the Directorate of Criminal Investigations (DCI).
Instead, Havi opted to air the allegations publicly without following due legal channels, which the tribunal said was highly inappropriate for someone in his position.
The ruling further stated that the misuse of social media platforms to make harmful and unverified claims goes against the professional code outlined in the Standards of Professional Practice and Ethical Conduct (SOPPEC).
Such conduct, according to the tribunal, is not only reckless but also undermines the integrity of the entire legal profession.
“For all the reasons mentioned, we find the accused advocate guilty of professional misconduct under section 604 of the Advocates Act and hereby convict him,” the tribunal concluded.
Although Havi admitted to making the statements both online and on TV, he defended himself by saying his leadership style was simply bold and confrontational, which he believed did not qualify as professional misconduct.
He argued that the issue arose from personal differences between him and Gichuhi, and that it should not have led to disciplinary action.
Nonetheless, the tribunal maintained that regardless of leadership style, all advocates—especially those in senior positions—must uphold ethical standards and act in ways that protect the profession’s public image.
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