Nelson Havi to Be Sentenced Over Social Media Posts After Tribunal Ruling on Professional Misconduct
The Advocates Disciplinary Tribunal has rendered its decision in a matter concerning former Law Society of Kenya (LSK) President, Mr. Nelson Havi, finding him guilty of professional misconduct.
The verdict follows a complaint lodged by another former LSK President, Mr. Allen Waiyaki Gichuhi, relating to several social media posts that the Tribunal deemed inappropriate and in breach of the standards of professional conduct expected of an advocate.
In light of the tribunal’s findings, Mr. Havi has been summoned to appear before the Tribunal on November 17, 2025, for mitigation and sentencing. This next phase will provide him an opportunity to address the Tribunal before a final determination is made regarding the appropriate disciplinary sanctions.
The complaint arose from a series of tweets published by Mr. Havi, which Mr. Gichuhi contended were defamatory, abusive, and derogatory.
According to the complainant, the content of the tweets caused significant reputational harm, mental anguish, and public embarrassment. Mr. Gichuhi stated that the posts led to distressing calls from colleagues and members of the public who had viewed the statements on social media and during a television interview.
The Tribunal, in its judgment delivered on April 7, 2025, held that the language employed by Mr. Havi in his posts was “vulgar, abusive, and demeaning.” It found that the content of these messages severely damaged the reputation of the legal profession in the eyes of the public and lowered the collective esteem of advocates in Kenya. The ruling emphasized the critical role that decorum, dignity, and professionalism play in upholding the integrity of the legal sector.
Quoting directly from the judgment, the Tribunal stated:
“We find that the vulgar, abusive, and demeaning language employed by the Accused Advocate in the social media posts complained of by the Complainant 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.”
Further, the Tribunal underscored that the legal profession, by its nature, is governed by a strict code of ethics and conduct. Advocates, particularly those in leadership positions such as the presidency of the LSK, are expected to exhibit exemplary behavior and serve as role models to younger members of the Bar.
The judgment noted that Mr. Havi’s conduct fell substantially short of the standards expected of his office. The Tribunal found that such behavior amounted to professional misconduct within the meaning of Section 60(4) of the Advocates Act. Accordingly, he was convicted of the offence as defined under that provision.
The Tribunal further elaborated on the broader implications of such misconduct by an advocate in a leadership role, observing:
“Leaders of the Law Society represent the profession collectively. When they exhibit low or despicable standards of conduct, it is likely to be perceived by the general public as the norm for the profession as a whole.”
It added that public pronouncements by leaders within the profession carry significant influence, particularly among junior advocates who often look up to them for guidance and inspiration. Therefore, when senior members conduct themselves in a manner that undermines the values of the profession, it not only damages their personal credibility but also erodes public confidence in the legal system.
The Tribunal was particularly critical of Mr. Havi’s decision to level serious accusations against a fellow advocate in a public forum, rather than pursuing the appropriate legal channels. It found that accusing another lawyer of criminal conduct, such as theft, without lodging a formal complaint with investigative authorities, was wholly inappropriate and indicative of a lack of professional judgment.
“It is a serious act of professional misconduct for an advocate, and more so the President of the Law Society, to accuse colleagues of criminal conduct in a public forum without first pursuing the formal processes of investigation,” the judgment noted.
Mr. Gichuhi argued that Mr. Havi’s statements constituted not only personal attacks but also professional breaches that violated the Code of Standards of Professional Practice and Ethical Conduct. He contended that the behavior was incompatible with the high ethical standards expected of practicing advocates and senior members of the Bar.
In his defence, Mr. Havi filed a response dated March 23, 2023, in which he denied all allegations of professional misconduct. While he admitted to authoring the tweets in question, he insisted that they did not amount to unethical behavior.
He further challenged the jurisdiction of the Tribunal to award damages for defamation, asserting that any disagreement between him and Mr. Gichuhi stemmed from differences in leadership style. Mr. Havi characterized his leadership approach as “aggressive” and claimed that this did not resonate well with Mr. Gichuhi, who, he argued, misconstrued it as misconduct.
Despite these assertions, the Tribunal maintained that Mr. Havi, as a senior member of the legal profession and former president of the LSK, bore an elevated responsibility to uphold the profession’s core values. It held that his public utterances did not reflect the dignity and respectability expected of someone in his position.
The Tribunal concluded by cautioning against the growing trend of advocates using social media platforms to engage in public disputes, noting that such behavior undermines the integrity and perception of the legal profession in the eyes of the public.
“The Tribunal feels compelled to prevent the emerging trend of advocates mudslinging one another on social media and other public fora without regard to the damaging consequences to the dignity of the entire profession arising from such conduct,” it stated.
The matter is now set for the sentencing phase, where the Tribunal will determine the appropriate disciplinary measures to be imposed. This case has drawn significant attention within the legal community and is expected to set a precedent for how online conduct by legal professionals, especially those in leadership, will be assessed in light of their ethical obligations.
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Nelson Havi to Be Sentenced Over Social Media Posts After Tribunal Ruling on Professional Misconduct
