Lawyer Havi found guilty of professional misconduct

The Advocates Disciplinary Tribunal has determined that former Law Society of Kenya (LSK) President Nelson Havi engaged in professional misconduct.

As a result of this finding, the court has scheduled a session on November 17, 2025, during which Havi is expected to appear for mitigation and possible sentencing.

This outcome stems from a complaint lodged by fellow advocate and former LSK President Allen Waiyaki Gichuhi, who raised concerns regarding a series of social media posts directed at him.

"We find that the vulgar, abusive, and demeaning language employed by the Accused Advocate in the social media posts complained of by the Complaint seriously eroded the reputation of the legal profession in the eyes of the public and lowered the esteem of the fraternity of advocates in Kenya," stated the tribunal in its judgment.

The Tribunal emphasized that the legal profession is anchored in principles of decorum, dignity, and a strong ethical culture, noting that it is important for young lawyers to have positive role models within the field.

"In this case, the conduct displayed by the Advocate in question (Havi) was deemed to fall significantly below the expected professional standards. As such, we find that it amounts to professional misconduct. We therefore find the Advocate guilty under Section 60(4) of the Advocates Act and convict him accordingly," the Tribunal concluded.

Waiyaki alleged that Havi shared statements on social media platforms that he considered defamatory and damaging to his personal and professional reputation.

He further stated that the posts caused him significant emotional distress, particularly after receiving numerous calls from individuals who had seen the remarks during a television interview and on the X platform.

According to Waiyaki, the statements amounted to an attempt to blackmail and tarnish his name.

Waiyaki contended that the statements in question constituted professional misconduct, arguing that they were inconsistent with the standards expected of an advocate and violated multiple provisions outlined in the Code of Standards of Professional Practice and Ethical Conduct.

In his response dated March 23, 2023, Havi refuted the allegations brought against him.

While he acknowledged posting the tweets, he denied that his actions amounted to any breach of professional conduct.