NAIROBI — Kenya’s legal fraternity is grappling with the fallout after a disciplinary tribunal on April 7 found Nelson Havi, former President of the Law Society of Kenya (LSK), guilty of professional misconduct. The ruling stems from a series of inflammatory tweets and televised comments that tribunal members say undermined the dignity of the legal profession.
The complaint was filed by Allen Waiyaki Gichuhi, Havi’s predecessor, who claimed that Havi’s remarks—posted on Twitter and aired on KTN News—were not only defamatory but also breached the ethical standards required of advocates.
In a detailed affidavit, Mr. Gichuhi said he suffered reputational harm, accusing Havi of “blackmailing and maligning” him through public attacks. “It caused me mental anguish and distress,” the complainant wrote, citing calls and backlash he received following the online outbursts.
Some of the cited tweets, which the tribunal reviewed, included language described as “demeaning, feministic and vulgar.” In one post, Havi wrote:
“Theft is theft; it is no less if committed by a woman. Mercy Wambua is shielding her principals…”
Another tweet read:
“FIDA Kenya is a big shame to the legal profession in Kenya… They sanitise incompetence, theft and mediocrity.”
During the hearings, Mr. Havi did not deny authoring the tweets but argued they didn’t amount to misconduct. He questioned the tribunal’s jurisdiction and maintained the posts were expressions of his leadership style, albeit aggressive.
But the tribunal disagreed.
“In such elevated status,” the ruling read, “the Accused Advocate had a duty to uphold the highest standards of professional etiquette, decorum, and dignity.”
Quoting SOPPEC (the code of conduct for advocates), the tribunal noted that inappropriate social media use—especially when it degrades fellow professionals or the public—falls squarely within the bounds of professional misconduct.
The decision struck a chord beyond courtroom corridors, reigniting public debates about accountability among legal elites and the power of digital speech.
“Leaders of LSK represent the profession collectively,” the judgment read. “Their public pronouncements have a significant ‘influencer effect’ especially among the younger members of the profession.”
In conclusion, the tribunal ruled that the tweets and televised statements had eroded public trust in the legal profession. It convicted Havi under Section 60(4) of the Advocates Act.
Sentencing is set for 17th November 2025.
