The Advocate Disciplinary Tribunal has found former Law Society of Kenya (LSK) president Nelson Havi guilty of professional misconduct.
The case was filed by another former LSK president, Allen Waiyaki Gichuhi, who accused Havi of publishing defamatory statements on social media platforms, which he claimed were damaging to his reputation.
Gichuhi further stated that the posts caused him mental anguish and emotional distress.
In his defence, Havi admitted to making the publications but denied causing harm to third parties. He also argued that the Tribunal lacked the jurisdiction to hear the complaint.
However, in a judgment dated April 7, the Tribunal ruled that it had jurisdiction to hear the complaint but not to award damages for defamatory statements.
“This is the preserve of civil or criminal courts. The Tribunal is only concerned with the conduct of the accused advocate as an advocate,” the judgment read.
The Tribunal observed that the vulgar, abusive, and demeaning language used by Havi in the posts, as complained of by Gichuhi, eroded the reputation of the legal profession in the eyes of the public and lowered the esteem of the legal fraternity in Kenya.
“We also consider it 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 (DCI) for investigation and appropriate action,” the Tribunal ruled.
The Tribunal further noted its concern over the growing trend of advocates disparaging each other on social media and other public platforms, disregarding the harm such conduct causes to the dignity of the entire profession.
The matter is scheduled to be mentioned on November 17 this year for mitigation and sentencing.
