The High Court of Kenya on Monday, January 14, slapped former Law Society of Kenya (LSK) President Nelson Havi with fresh orders barring him from publishing or posting disparaging comments against fellow lawyer Danstan Omari on his social media platforms.
The orders were issued by Lady Justice Janet Mulwa at the Milimani Law Courts pending the hearing and determination of a case Omari filed.
The case in question involves a dispute between the two prominent city lawyers after Havi put out a post on his Facebook account that linked Omari to abetting corruption in the Judiciary through conniving with High Court judges.
In the post, Havi claimed that Omari had never lost a case against a particular High Court judge intimating that it was a result of corruption by Omari. This prompted Omari to issue a demand letter calling for an apology from Havi. He gave Havi a seven day ultimatum.
While speaking to Kenyans.co.ke, Havi acknowledged the order issued stating that he would heed the judge's demand.
“Yes, I have seen the orders. Every judge is entitled to their verdict. I will obey the orders,” Havi stated.
The former LSK president had, however, failed to adhere to the ultimatum resulting in Omari going ahead with seeking legal action which he had indicated would be his next course of action.
“If Nelson Havi does not issue an apology that is deemed satisfactory to my client within the next seven days, we will constitute the necessary legal proceedings and go to court,” Omari’s representatives stated.
Despite agreeing to heed the court order, Havi maintained that Omari was a tainted lawyer adding that he would issue a response in due course.
“I will respond in due course but it is well known in legal circles that he (Omari) engages in corrupt activity,” Havi added.
“It is all part of general legal gossip but you know in our profession what is seen as gossip is taken as the gospel truth,” he added.
Nelson Havi has recently gained traction after leading a ‘movement’ calling for the resignation of Chief Justice Martha Koome. Havi claimed that the CJ was unable to curtail the extensive alleged corruption in the Judiciary and recently filed a letter to the Judicial Service Commission (JSC) urging them to fire the CJ and the entire bench of Supreme Court judges.
