Former LSK President Faces Tribunal Verdict
Nelson Havi, former President of the Law Society of Kenya (LSK), has been found guilty of professional misconduct by the Advocates Disciplinary Tribunal. The ruling follows allegations that Havi made defamatory statements about his predecessor, Allen Gichuhi, on social media and during a televised interview on July 12 and 13, 2021.
Defamation Allegations Against Havi
The tribunal determined that Havi’s comments, which included accusations of theft against Gichuhi, were both unbecoming and damaging to the reputation of the legal profession. It emphasized that such conduct was particularly inappropriate for someone serving as the LSK president at the time.
“The use of demeaning and vulgar language in the 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 given that they originated from the president of the LSK,” the tribunal stated.
Impact on the Profession’s Image
The tribunal further noted that as the leader of LSK, Havi’s actions reflected on the profession as a whole. “When leaders of the LSK display low or despicable standards of conduct, the public may perceive such behavior as the acceptable norm within the entire legal profession,” it added.
Gichuhi’s Complaint
Gichuhi filed a formal affidavit on July 19, 2021, accusing Havi of defamation. He claimed that Havi’s statements caused him mental anguish and tarnished his reputation. The complaint included exhibits of social media posts made by Havi, which Gichuhi argued amounted to blackmail and maligning of his character.
Tribunal’s Findings
The tribunal ruled that Havi’s accusations should have been addressed through proper legal channels, such as filing a formal complaint with the Directorate of Criminal Investigations (DCI). It emphasized that using social media to levy such allegations undermines the dignity of the legal profession and breaches the Code of Standards of Professional Practice and Ethical Conduct (SOPPEC).
“For the reasons given above, we find the accused advocate guilty of professional misconduct under Section 604 of the Advocates Act and convict him accordingly,” the tribunal stated.
Havi’s Defense
Havi admitted to making the statements but argued that they did not constitute professional misconduct. He described his leadership style as aggressive and contended that this approach may have been misinterpreted by Gichuhi, leading to the complaint.
A Landmark Decision
This ruling underscores the importance of ethical behavior within the legal profession and serves as a reminder of the standards expected of its leaders. As a former LSK president, Havi’s conduct has sparked conversations about accountability and professionalism in Kenya’s legal community.
