Former Law Society of Kenya (LSK) President Nelson Havi has filed a legal challenge to the Advocates Disciplinary Tribunal's decision to find him guilty of professional misconduct for allegedly defamatory remarks directed at fellow lawyer Allen Gichuhi.

The statements in question were made on Havi's official X (formerly Twitter) account during a televised interview on July 12 and 13, 2021.

In a petition filed in the High Court, Havi, represented by advocates Georgiadis Majimbo and Sylvester Mbithi, claims that the tribunal's decision was fundamentally flawed.

He claims that the decision violates both the Constitution and specific statutory provisions, particularly Section 79C of the Computer Misuse and Cybercrime Act, which restricts the legal remedies available for certain types of 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,” Havi states in the petition.

During a court hearing on Wednesday, the presiding judge granted Havi's legal team's request to withdraw an earlier application from April 28, allowing the main petition to proceed.

The court ordered all parties to exchange relevant documents and set a hearing date for July 28, 2025.

In his application, Havi claims that the tribunal erred in failing to recognize that reputational harm, if any, should have been pursued through a civil defamation suit rather than disciplinary proceedings.

He also challenges the legal basis of the Code of Ethical Conduct applied in the tribunal’s verdict, noting that it has never been formally enacted by Parliament.

Moreover, Havi has raised concerns over the delayed delivery of the judgment, which he claims was issued one year and four months after the hearing concluded.

“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.

The outcome of this constitutional petition could have significant implications for how disciplinary actions against advocates are handled in Kenya, particularly when intersecting with freedom of expression and emerging cyber laws.