Nelson Havi barred from defaming Danstan Omari on social media

The High Court has barred former Law Society of Kenya (LSK) President Nelson Havi from making defamatory statements about city lawyer Danstan Omari, following allegations of corruption in the judiciary.

The court issued the injunction after Havi accused Omari of colluding with a High Court Judge to manipulate court outcomes, a claim that Omari vehemently denied.

Justice Janer Mulwa, who certified the case as urgent, directed that Havi be restrained from posting any further defamatory remarks on social media or through other public platforms until a full hearing is held on January 27, 2025.

The court’s order explicitly prohibits Havi, and those acting on his behalf, from publishing or facilitating the publication of any defamatory content about Omari.

"Pending the hearing and determination of this application, an injunction does issue restraining the defendant (Nelson Havi), whether directly or through his agents, servants, or other persons acting at his behest or under his instructions, from posting, publishing, or disseminating, or facilitating the posting, publication, or dissemination of the words or images.," Justice Mulwa ordered.

The legal dispute arose after Havi, made multiple posts on his verified social media accounts, accusing Omari of corrupt activities related to his dealings with a Judge in the Milimani High Court Commercial and Tax Divison.

These allegations, made on platforms including Twitter, Facebook and through public statements, gained widespread attention, with some of Havi's posts receiving thousands of views and shares.

Omari’s legal team, led by attorney Shadrack Wambui, has argued that the defamatory statements were not only damaging to Omari’s reputation but were part of a calculated campaign to harm his professional standing.

"The Defendant's conduct cannot be excused as that of an uninformed layperson. It demonstrates a deliberate and calculated intent to defame," the petition reads.

The court heard that Havi’s posts included accusations that Omari had never lost a case before the Judge in commercial and Tax Division Judge due to corrupt dealings.

Omari was also falsely branded as a manipulative lawyer who had used unethical means to influence judicial outcomes.

In addition to the injunction, Omari is seeking a declaration that Havi’s actions were defamatory and harmful to his reputation.

Omari’s team has demanded that Havi be compelled to retract the allegations publicly and issue an unqualified apology in a national newspaper.

"This sustained display of arrogance, hubris, and unrepentant insolence necessitates immediate corrective action," the petition stated.

According to lawyer Wambui, the defamatory posts, which included derogatory language such as "buffoon at the bar," were widely shared, with some posts receiving over 200,000 views on Twitter alone.

Omari’s lawyers contend that the posts were intended to damage his reputation and dissuade clients from seeking his legal services.

"The Defendant's actions have made the Plaintiff the face of ridicule among his colleagues at the Bar and in the public eye, and have had deleterious effects on his practice and livelihood," Omari’s court papers state.

In his petition, Omari argued that Havi’s actions were not mere lapses in judgment but a deliberate campaign to defame him.

"The Defendant’s conduct demonstrates a deliberate and calculated intent to defame, a far cry from an inadvertent lapse," the petition asserts.

The court’s decision comes days after Omari demanded a public apology from Havi following the social media allegations. Omari’s team had previously given Havi seven days to retract the accusations or face legal action, which culminated in the urgent court petition.

Omari’s petition details the profound impact the defamatory statements have had on his personal and professional life, stating that his reputation within the legal fraternity and his family has been tarnished by the allegations.

The statements, which were made without any factual basis, have caused significant personal and professional harm to Omari, who is also a political analyst and law lecturer.

"The Defendant's actions have made Plaintiff face ridicule among his colleagues at the Bar and in the public eye, and have had deleterious effects on his practice and livelihood," Omari’s petition states.

The case will be heard on January 27, 2025.