Court restrains ex-LSK president Nelson Havi from publishing defamatory statements against lawyer Danstan Omari

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The High Court has restrained lawyer Nelson Havi from publishing defamatory statements against lawyer Danstan Omari’s profession on twitter.

Justice Janet Mulwa issued the orders pending the hearing and determination of the defamation case files against Havi after claiming that Omari has never lost a case against Justice Alfred Mabeya.

The judge also restrained anybody acting under the former Law Society of Kenya (LSK) president from publishing the said words online, in mainstream media or public speeches.

“An injunction does issue restraining the defendant, whether directly or through his agents, servants, or other persons acting at his behest or under his instructions, from posting, publishing, disseminating, facilitating the posting, publication, or dissemination of the words or images enumerated in paragraph (ii) of this motion, or making any statements of a similar nature, whether on his Twitter account styled as ‘Nelson Havi’ under the handle ‘@NelsonHavi,’ or via any other platform, medium, or forum, including television interviews, radio broadcasts, or public speeches, whether oral, written,electronic, or otherwise, ” Justice Mulwa ruled.

In the case, Omari accuses Havi of discrediting his reputation and going further to call him a ” Buffoon” online.

According to Omari, Havi, through his official Twitter and Facebook accounts, has published a series of defamatory statements targeting his professional reputation as an Advocate of the High Court of Kenya.

“The statements, characterized by malice, falsehoods, and disparagement, have caused significant harm to my reputation, professional standing, and personal dignity,” Omari states in his affidavit.

Court documents show that Havi published and disseminated the following defamatory statements: On October 23, 2024, in response to a Twitter user “@LKips_” who commented, “You hear Omari talk at times and shudder,” the Defendant replied, “He is a buffoon at the bar.” The conversation escalated, with the Havi further commenting, “and obtaining legal fees by false pretenses.”

In addition, it is alleged that on December 17, 2024, following following Omari’s professional appearance in a Citizen TV Kenya news report while executing instructions for his client, Directline Insurance, Havi allegedly quoted Citizen TV Kenya’s tweet, stating, “Danstan Omari Buffoons at Law LLP.”

“This publication garnered over 21,000 views and remains accessible,” Omari said.

Omari claims that the offending statements are clearly part of a repeated attempt to discredit his reputation as a distinguished lawyer by painting him as a corrupt, unworthy and inconsequential lawyer who may not be well suited to advocate the concerns of his clients.