Former LSK President Nelson Havi has challenged the decision by the Advocates Disciplinary Tribunal, which found him guilty of professional misconduct for publishing defamatory statements against his predecessor Allen Gichuhi.
The alleged defamatory remarks were posted on his X (formerly Twitter) account and made during a local TV interview on July 12 and 13, 2021.
Through his lawyers Georgiadis Majimbo and Sylvester Mbithi, Havi contends that the tribunal contravened the Constitution by failing to acknowledge Section 79C of the Computer Misuse and Cybercrimes Act, which prohibits certain legal actions regarding online expression.
“I seek to declare as unlawful and unconstitutional, and quash the proceedings in Disciplinary Cause Misc. No. 21 of 2022 in the matter of a complaint against Nelson Havi, together with the judgment convicting me of professional misconduct,” read the court papers.
In the petition, Havi claims that the judgment did not consider his submissions, particularly the argument that a claim of reputational injury is only actionable through a civil suit for libel, not disciplinary proceedings. He further argues that the Code of Ethical Conduct used to convict him has never been enacted by Parliament.
Additionally, Havi notes that the judgment was delivered one year and four months late. “It goes without saying that the judgment, claimed to have been made and signed by the 4th, 5th, and 6th respondents on April 7, was only issued after persistent demands by myself. This delay offends my right to fair administrative action, including the expeditious disposal of a complaint before the tribunal,” he states in the court documents
