Omari to Havi: Apologise or else...

 

Lawyer Danstan Omari outside Milimani law courts on February 19, 2024. [Collins Kweyu, Standard]

Lawyer Danstan Omari has demanded a public apology from former Law Society of Kenya (LSK) President Nelson Havi, following allegations that he has been involved in corruption within the judiciary.

Omari’s legal representative, Shadrack Wambui, today issued a demand letter on his behalf giving Havi seven days to retract the accusations and publish an apology in a national newspaper.

Wambui warned that failure to comply would result in legal action against the former LSK boss.

"Unless an unconditional apology, liability, and compensation are made to our client (Lawyer Omari), together with an unqualified retraction of all defamatory statements within the next seven (7) days, we have firm instructions to file court proceedings against you without further reference. This will be at your own peril, including costs on a full indemnity basis and other consequences. Our client reserves the right to reject any retraction or apology deemed unsatisfactory or contrary to the stated requirements," Wambui said. 

The controversy erupted when Havi published a post on his social media platform on December 22, 2024, claiming that Omari, along with fellow lawyer Philip Nyachoti, had never lost a case before Justice Alfred Mabeya at the Milimani Commercial and Tax Division.

Havi suggested that the two lawyers were engaged in ‘corrupt dealings’ with the judge, which allowed them to win their cases.

Wambui, however, described these allegations as “false, malicious, and defamatory.”

In the letter, Wambui accused Havi of recklessly tarnishing Omari’s reputation with unfounded claims.

He stated, “Our client has practised law for many years, and these malicious accusations undermine his hard-earned reputation and standing in the legal community.”

While maintaining that his client had only appeared before the said judge twice, Wambui emphasised that the claims made by Havi were not just unfounded but designed to cause significant harm to Omari’s personal and professional reputation.

“It remains a matter of conjecture why you singled out our client, branding him a corrupt lawyer when he has lost a case before Justice Mabeya,” said Wambui.

According to Wambui, Omari has been the subject of widespread ridicule and suspicion due to the post, which was circulated on social media and within legal professional WhatsApp groups.

“Our client’s professional reputation has been severely damaged,” said Wambui adding, “He is now facing unwarranted scrutiny from colleagues, clients, and students alike.”

According to Wambui, Omari’s family, including his spouse and children, have been affected by the online backlash following the publication of the post.

“This defamatory statement has caused a great deal of embarrassment and distress to our client’s family, friends, and professional network,” said Wambui.

Omari who also addressed the media outside Milimani Law Courts expressed his concern stating that it is unfortunate that Havi has started attacking even the Chief Justice, the Supreme Court, the Court of Appeal, the High Court, and the Chief Magistrate courts, as well as clerks of the Judiciary.

Omari said Havi’s claims amounted to incitement against the Judiciary, which could lead the country back to the violence seen during the 2007-2008 elections, where the public will lose confidence in the judiciary.

“This attack is well-funded by people who want to take control of the Judiciary, with Havi at the helm," Omari said.

Omari further revealed that he is seeking instructions to represent the Judicial Service Commission (JSC) and the entire Judiciary in response to the ongoing attacks by lawyers, led by Havi, over allegations of corruption.