Lawyer Danstan Omari is seeking a public apology from former Law Society of Kenya (LSK) President Nelson Havi after Havi’s social media post made serious allegations against him and fellow lawyer Philip Nyachoti.
The allegations, which suggest the two lawyers colluded with Justice Alfred Mabeya to manipulate court outcomes, have prompted Omari’s legal team to issue a stern warning to Havi, demanding a retraction and apology within seven days or face legal action.
The controversy erupted when Havi, on December 22, 2024, posted on social media accusing Omari and Nyachoti of never losing a case before Justice Mabeya at the Milimani Commercial and Tax Division.
He insinuated that the two lawyers were involved in corrupt dealings with the judge, enabling them to win their cases. In response, Omari’s legal team, led by lawyer Shadrack Wambui, called the allegations “false, malicious, and defamatory.”
In a letter to Havi, Wambui stressed that the claims were baseless and demanded an apology be published in a national newspaper.
“If you fail to comply, we will take immediate legal action without further reference,” Wambui wrote, emphasizing that failure to retract the statements would lead to a lawsuit. The legal team also demanded that Havi’s apology match the wide reach of the original defamatory post.
The accusations were particularly damaging, coming from a well-known figure like Havi, who previously served as the president of the Law Society of Kenya.
Havi’s post not only questioned Omari’s legal competence but also suggested that Omari and Nyachoti were involved in a corrupt system within the judiciary.
“We will, in due course, examine why these advocates never lose cases before Justice Alfred Mabeya,” Havi wrote in his post, further alleging that removing corrupt advocates could solve the judiciary’s issues.
Wambui’s letter criticized Havi for making reckless statements that tarnished Omari’s reputation.
“Our client has practiced law for many years, and these malicious accusations undermine his hard-earned reputation,” Wambui said. He also pointed out that Omari had appeared before Justice Mabeya in only two cases, one of which he lost.
“It remains a matter of conjecture why you singled out our client,” Wambui remarked, questioning the motivations behind the accusations.
According to Wambui, the allegations have severely damaged Omari’s personal and professional standing. Omari has faced unwarranted scrutiny from colleagues, clients, and students, some of whom have seen the accusations circulate widely on social media and in legal WhatsApp groups.
“Our client’s professional reputation has been severely damaged,” Wambui added.
Omari, in his own defense, explained that he was being unjustly targeted by Havi, who had, in recent days, become a vocal critic of the judiciary.
Just days before the allegations, Havi, along with other prominent lawyers, had called for the resignation of Chief Justice Martha Koome and accused the judiciary of widespread corruption. This attack on the judiciary, according to Omari, is part of a larger conspiracy to control the system.
Omari has vowed to fight back against these allegations and defend the integrity of the judiciary.
He expressed concern that Havi’s attacks could undermine public confidence in the judicial system, similar to the political unrest seen during the 2007-2008 elections.
“This is similar to economic sabotage, aimed at tarnishing the image of the Judiciary,” Omari said, warning that Havi’s rhetoric could incite hostility against judicial officers.
In a response to Havi’s claims that he and Nyachoti received favorable decisions from Justice Mabeya due to their Kisii heritage, Omari rejected the idea of engaging in tribal politics. “We are above tribal politics,” Omari stated firmly.
He further dismissed any political aspirations tied to his legal career, clarifying that he is focused on running for a national seat, not engaging in tribal conflicts.
Omari’s legal team has made it clear that they will pursue legal action if Havi fails to meet their demands within the specified time frame.
The stakes are high, with Omari’s reputation and the integrity of the judiciary being questioned in a high-profile public dispute.
