Big blow to Lawyer Nelson Havi after court declines to give him more time to file responses in Lawyer Danstan Omari’s defamation case after failing to file responses six months after case was filed against him.
The Outspoken Lawyer risks being ordered to pay millions to Omari for defamation as the case might be determined without his defense.
With no response filed, Havi risks having a default judgment against him, potentially mandating hefty damages.
Justice Janet Mulwa on Thursday declined Havi’s application for 21 days to file his defense in the suit.
The judge then directed Omari’s lawyer Shadrack Wambui request for interlocutory judgement to be
mentioned before the Deputy registrar for directions on the request.
The case will be mentioned before the judge on July 21 2025.
In his request for interlocutory judgement, Omari wants the court to enter judgement against Havi undefended since he has failed to respond within the prescribed time.
Among the reliefs he is seeking in the judgement include a declaration that Havi’s post linking him to corruption was defamatory.
Further, he wants the court to order Havi to publish an apology to him in one of the major daily newspapers.
Omari has also wants to be awarded damages for libel and aggravated damages for the defamatory posts he made against him.
Omari sued Havi early this year for publishing defamatory statements on Twitter calling him a buffoon and corrupt lawyer.
The court barred Havi from publishing any statements on l Omari either on his X account or media platforms pending hearing of defamation case filed by Omari against him.
Wambui argues that the derogatory references to Omari as a “buffoon at law” and a “buffoon at the bar”, whether directly or indirectly, including through the use of similar language, phrases, or analogies is calculated to ridicule,demean, or diminish his client’s professional standing and reputation in the legal fraternity and society at large.
He says that despite his client’s efforts to mitigate the harm, Havi has persisted in his defamatory actions, demonstrating no intention to cease.
