The feud between city lawyers Danstan Omari and Nelson Havi is far from over as it now spills over to the National Cohesion and Integration Commission (NCIC).
This is after Omari wrote a letter to NCIC seeking action to be taken against Havi for tweeting about Kisii lawyers, saying it was incitement and hate speech.
This comes just months after the court issued orders barring Havi from posting about Omari, but he has continued his onslaught to castigate him, saying he is fighting corruption.
In a letter to NCIC through his lawyer Shadrack Wambui, Omari says action should be taken against Havi for his continued publications targeting Kisii lawyers and judicial officers.
Wambui says Havi’s actions clearly demonstrate an intent to incite contempt and ridicule against the Kisii community. The consequences of such ethnic targeting are well-documented and require no elaboration ; we’ve seen how quickly inflammatory remarks escalate into full-blown hostilities.
“It often starts with seemingly casual but incendiary statements, gradually fostering division under the guise of commentary, and before long, the situation spirals out of control,” the letter reads in part.
It is alleged that Havi posted these words:
“The bastards at law: Accused magistrate, Trial Magistrate and Defense Counsel are all from the same village. I spoke about this sometime in December and one of the bastards at law obtained a gagging order against me.”
Wambui says Havi deliberately singled out the Kisii community in the matter, claiming everyone involved was from the same ethnic group.
He argues that the publication, as understood by any reasonable observer, insinuated that their ethnic ties compromised the fairness of the case, casting aspersions on their integrity and implying judicial misconduct.
“This amounted to an ethnic-based smear that opened the community to ridicule, public distrust, and potential hostility,” he claimed.
Wambui says Havi’s statements meet the definition of hate speech under Section 13 of the Act and further constitute an offense of ethnic and racial contempt under Section 62.
“Accordingly, our client has instructed us to formally lodge this complaint and to urge you, in line with your mandate, to take decisive action against this repeated and sustained incitement. Your office was established in response to the painful realities of our nation’s history, and we trust you will not falter in your duty to prevent further division,” the letter reads.
Wambui says should NCIC fail to discharge its mandate as required by law, they will seek judicial intervention to compel compliance, with all legal, financial, and reputational repercussions falling on it.
