By Were Kelly
NAIROBI, June 12, 2025 — Former Law Society of Kenya (LSK) President Nelson Havi is facing a potential legal setback after the High Court refused his plea for more time to respond in a defamation case filed by fellow lawyer Danstan Omari.
The decision opens the door for the court to enter judgment against Havi by default.
Justice Janet Mulwa on Thursday declined Havi’s application for 21 additional days to file a response, citing an unexplained six-month delay since the case was lodged.
With no defense on record, the court is now considering an interlocutory judgment, which could see Havi held liable without trial.
Lawyer Shadrack Wambui, representing Omari, was directed to have the matter mentioned before the Deputy Registrar for directions on his request for default judgment. The case will next be mentioned in court on July 21, 2025.
Omari, who sued Havi earlier this year, accuses him of publishing defamatory statements on social media platform X (formerly Twitter), branding him a “buffoon” and linking him to corrupt dealings.
He is seeking: A declaration that Havi’s statements were defamatory, an order compelling Havi to issue a public apology in a major newspaper and General and aggravated damages for libel
In the ongoing suit, the court previously issued interim orders restraining Havi from posting or publishing any further statements about Omari on social media or other platforms.
Wambui contends that the repeated labeling of Omari as a “buffoon at law” and a “buffoon at the bar” was not only demeaning and malicious, but also intended to tarnish his professional reputation within the legal community and beyond.
Despite Omari’s legal intervention and court orders, the suit claims Havi has shown no remorse and continues to engage in defamatory conduct.
If the court grants the interlocutory judgment, Havi could face millions in damages and a significant reputational blow, having failed to mount a defense in time.
