Lawyer Shadrack Wambui has written a complaint letter to the National Cohesion and Intergration Commission (NCIC) on defamation by lawyer Nelson Havi to lawyer Danstan Omari,Philip Nyachoti and Judge Alfred Mabeya.
Wambui says the remarks are marred by incitement to ethnic contempt,hatred and Hostility.
Wambui,who has been instructed by lawyer Danstan Omari says Havi presently serves as chair of the retirement Benefits Authority,previously vied for Westland’s Parliamentary seat and has huge following.
Omari says that Havi has made a defamatory remarks on his Facebook platforms that has over 96,000 followers and twitter that has over 1.4Million are the subject of this complaint.
He adds that on December 22,2024 at around 6:38 PM ,Havi vide his verified accounts “We will in due course examine why the following advocates never lose cases before Justice Alfred Mabeya:1.Philip Nyachoti 2.Danstan Omari you can add to the list.you see,for corruption in the Judiciary to end,we must remove corrupt Advocates from the Roll of Advocate,”
Omari says that this publications are still available in Havi’s accounts and he also posted that
“Let me deal the corrupt Kisii Judge and two Advocates.I have identified. I am not targeting or interested in a community.Only three corrupt Kisii Advocates “
According to Omari,Havi has continued to defame him even on March 14,2025 at 2025 at 2.28 PM ,proceed to post calling him bastards and that they have obtained a gag order against him.
He added that the publication are casting aspersions on their intergrity and implying judicial misconduct.This amounted to an ethnic-based smear that opened the community to ridicule,public distrust,and potential hostility.
The statements reproduced herein squarely meet the definition of hate speech under Section 13 of the Act and further constitute an offense of ethnic and racial contempt under Section 62 Accordingly ,our client has instructed us to formally lodge this complaint and to urge you,in line with your mandate,to take decisive action against this repeated and sustained incitement.
Your office was established in response to the painful realities of our nations history,and we trust you will not falter in your duty to prevent further division.
