Nelson Havi Found Guilty of Professional Misconduct in Tiff with His Predecessor Over X Post

• The Advocates Disciplinary Tribunal has reprimanded Nelson Havi over defamatory social media posts and public remarks against his predecessor, Allan Gichuhi
• Gichuhi claimed that the former LSK president’s accusations caused him significant emotional distress
• The tribunal condemned Havi for using vulgar language on social media and failing to report a theft allegation to the DCI, urging advocates to uphold the profession's dignity

Former LSK president Nelson Havi has been found guilty of professional misconduct by the Advocates Disciplinary Tribunal.

The case stemmed from defamatory posts he made on X (formerly Twitter) four years ago, following a complaint by his predecessor Allan Gichuhi.

What verdict did court make in Havi's case?

In a strong ruling, the tribunal reprimanded Havi after Gichuhi filed a complaint over a tweet in which Havi allegedly accused him of misconduct during his time at LSK.

Havi was also criticised for making similar claims during an interview with a local media outlet.

Read also

Mohammed Abduba Dida: Former presidential candidate freed after 3 years in US prison

"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. For the reasons given above, we find the accused Advocate guilty of professional misconduct under Section 60(4) of the Advocates Act and convict him accordingly," the tribunal stated.

In his complaint, Gichuhi said Havi’s remarks caused him emotional distress, noting that he received numerous calls from people who had watched the interview or seen the post on X

According to him, publications amounted to blackmailing and maligning his name.

How did Havi respond to allegations against him?

In his defence, Havi submitted an affidavit denying the allegations but acknowledged posting the tweets, while insisting he did not violate professional ethics or engage in misconduct.

Havi argued that the allegations made by Gichuhi stemmed from his aggressive leadership style, which did not align with the complainant’s preferences, and therefore should not be grounds for disciplinary action.

Read also

Oscar Sudi discloses last time he went to Parliament: "Nilishindwa"

The tribunal, however, determined that Havi made vulgar and demeaning remarks about his colleague, damaging the reputation of legal practitioners.

"Therefore, we find that the vulgar, abusive, and demeaning language used by the accused advocate in the social media posts complained of severely damaged the reputation of the legal profession in the public's eyes and diminished the esteem of the advocacy fraternity in Kenya," the tribunal ruled.

The tribunal also criticised Havi for not reporting the alleged theft to the Directorate of Criminal Investigations (DCI) and instead posting about it on social media.

"We also consider that it is 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 for investigation and appropriate action. The Tribunal feels compelled to prevent the emerging trend of advocates mudslinging one other on social media and other public fora without regard to the damaging consequences to the dignity of the entire profession arising from such conduct," the tribunal further stated.

Read also

WEF confirms investigation into claims against founder Schwab

The tribunal noted that while the legal profession is renowned for its decorum, dignity, and culture, young advocates should be shown the proper examples and role models in their field.

Did Danstan Omari accuse Havi of hate speech?

In a separate development, Nairobi-based lawyer Danstan Omari lodged a petition with the National Cohesion and Integration Commission (NCIC), calling for action against Havi.

Filed through the law firm Wambui Shadrack and Associates, the complaint alleged that the former LSK president posted remarks on social media that Omari claimed amounted to ethnic profiling targeting both himself and a judicial officer.

Documents seen by TUKO.co.ke indicated that the statements in question were shared on Havi’s X and Facebook accounts on March 14, 2025.

Proofreading by Jackson Otukho, copy editor at TUKO.co.ke.

Source: TUKO.co.ke