Former Law Society of Kenya (LSK) President Nelson Havi has moved to the High Court to challenge the Advocates Disciplinary Tribunal’s decision that found him guilty of professional misconduct. The conviction stemmed from allegedly defamatory remarks he made about fellow lawyer Allen Gichuhi on his X (formerly Twitter) account during a televised interview in July 2021.
Havi, through his legal team of Georgiadis Majimbo and Sylvester Mbithi, has petitioned the court to declare the disciplinary proceedings and subsequent conviction unlawful and unconstitutional. He argues that the tribunal’s decision violates the Constitution and specific legal provisions, notably Section 79C of the Computer Misuse and Cybercrime Act, which outlines the legal remedies available for online expression.
In his petition, Havi contends that the tribunal overstepped its mandate by addressing the matter through disciplinary proceedings instead of recommending a civil defamation suit. He further challenges the legitimacy of the Code of Ethical Conduct applied in the ruling, noting it lacks formal enactment by Parliament and, therefore, cannot serve as a binding legal standard.
Additionally, Havi criticizes the tribunal for the delayed delivery of its judgment, which came one year and four months after the conclusion of the hearing. “The delay offends my right to fair administrative action, including the expeditious disposal of a complaint before the tribunal,” he states in his court filing.
During a court session on Wednesday, the presiding judge allowed Havi’s legal team to withdraw an earlier application dated April 28, enabling the main constitutional petition to proceed. The court has directed all parties involved to exchange relevant documents and scheduled the hearing for July 28, 2025.
This petition is poised to set a significant legal precedent, particularly on the intersection of professional discipline, freedom of expression, and the applicability of cyber laws in Kenya. If successful, the case could reshape how online conduct by legal professionals is regulated and how reputational disputes are resolved within the legal fraternity.
