City lawyer Danstan Omari has written a demand letter to advocate Nelson Havi demanding that he apologize for the defamatory remarks he made on his Facebook social media handle.
Through lawyer Shadrack Wambui , Omari says that the post was an array of false and defamatory insinuations against his client by offering a shallow, skewed, and malicious view and unsubstantiated analysis of the matters he has handed before Justice Alfred Mabeya.
Havi had said on his Facebook page on December 22 that Omari had never lost a case before Justice Mabeya and said that it was due to ‘corrupt’ practices. Omari has now explained in detail about all the cases he has handled before Justice Alfred Mabeya.
Wambui, in his demand letter addressed to Havi, said that the post was ill-intentioned and was after damaging Omari’s name and bringing him in a bad light.
”That our client has never lost a case before Justice Mabeya due to his corrupt engagement and/or dealings with the judge, which has led to the breach of his duty and oath as an advocate of the High Court of Kenya by presiding over the miscarriage of justice is false,” he said.
He said that Havi’s claim has damaged Lawyer Danstan Omari’s image despite him being a man of goodwill and integrity, having been accorded a chance to teach at the respectful universities like the Catholic University of Eastern Africa.
”Consequently, lawyer Danstan Omari is left with no doubt that the publication is motivated by jealousy, ill will, and a misguided perception and is made to ruin and ridicule his professional journey as a zealous, serious, and uncompromising advocate. Especially due to his instructions related to certain matters he has been handling and his endorsement to his competitor, Mr. Mukira Ramadhan Abubakar, who triumphed in the recent polls,” said Lawyer Shadrack Wambui in a demand letter.
Omari now wants Havi to apologize through a local daily and be ready to compensate to meet his demands.
” ACCORDINGLY; our instructions are to DEMAND from you , as we hereby do, that you confirm to us in writing within the next SEVEN DAYS that you shall immediately, but in any event not letter that SEVEN days,from the date hereoff that;
Publish unqualified Retraction of all defamatory statements and unconditional apology in a whole page of a Newspaper with Nationwide Circulation , that you accept liabilty for defamatory statements published in the impugned facebook article and compensation for our clients otherwise damaged reputation,” read the letter in parts.
Wambui said that if the same is not met, they will proceed in a court of law.
