BY SAM ALFAN.

Former Law Society of Kenya (LSK) president Nelson Havi has moved to court to challenge a ruling of professional misconduct against him.

Havi moved to court seeking to quash the ruling made by Advocates Disciplinary Tribunal, which found him guilty of professional misconduct.

The complaint against Havi was filed by his predecessor Allan Waiyaki and Andrew Kituyi on 7th April, 2025 in the matter of a complaint against him.

Havi wants the High Court to grant him conservatory orders, suspending the implementation of decision, pending the determination of the case.

He pointed out that complaint of the former LSK boss was in respect to an interview aired by KTN on 13th July, 2021, and a tweets posted by him on 14th July, 2021 about FIDA Kenya and another on 2nd July, 2021 about Edwin Sifuna.

He argues that the Tribunal violated Article 73 (2) of the Constitution of Kenya by writing, signing and delivering a manifestly unlawful and unconstitutional decision on the complaint by Waiyaki as against him to punish him for highlighting the failure of by the Advocates Tribunal to determining complaints before it expeditiously.

“The actions of the Respondents as set out in the Petition are manifestly unconstitutional and unlawful, are prejudicial to the rights and freedoms of the Petitioner, and ought to be halted pending the determination of the questions raised in the petition herein,” says Havi.

According to Havi, the conviction will, if not suspended, be used by the LSK to deny him a certificate of good conduct and the right to practice, besides the negative publicity elicited which has affected and will continue affecting the Petitioner’s clientele.

“It is just and proper that the Notice of Motion be certified urgent, be heard expeditiously and the orders sought therein be granted in the interim pending the hearing of the Petition, to prevent a further denial, violation or infringement of the rights of Havi,” argues Havi.

Havi argues that Tribunal failed to acknowledge the Defamation Act, Cap 36 of the Laws of Kenya as the only law limiting the right to freedom of expression under Article 24 (1) of the Constitution in their use of clause 135 of the Code of Standards of Professional Practice and Ethical Conduct to impose penal consequences upon.

He faulted the Tribunal for failing to acknowledge the Computer Misuse and Cybercrimes, Cap 79C of the Laws of Kenya as the only law regulating the use of electronic devices in their use of clause 135 of the Code of Standards of Professional Practice and Ethical Conduct to impose penal consequences upon him.

“The Tribunal failed to apply and enforce the Section 29 (1) of the Law Society of Kenya Act, Cap 18 of the Laws of Kenya prohibiting any action as against me for acts done in his capacity as President of the LSK in the consideration of the complaint by the former LSK Waiyaki,” Havi told the court.

He added that the Tribunal violated Article 24 (1) of The Constitution of Kenya in making and enforcing clause 135 of the Code of Standards of Professional Practice and Ethical Conduct to limit the Petitioner’s exercise of his freedom of expression under Article 33 of Constitution when clause 135 of the Code of Standards of Professional Practice and Ethical Conduct is not a limitation in law in the manner contemplated by the Constitution.

“The Respondents have violated Article 25 (c) of The Constitution of Kenya by exercising jurisdiction over and determining the complaint by the 3rd Respondent as against the Petitioner on a claim in libel and injurious falsehood when the 2nd Respondent is not a forum where a right to fair trial can be exercised,” Havi argues.