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Court allows Danstan Omari’s defamation case against Nelson Havi

The High Court has issued injunction orders prohibiting the city lawyer and former Law Society of Kenya president Nelson Havi from making defamatory publications about lawyer Danstan Omari.

The former LSK president was sent a demand letter by Danstan Omari to immediate retract the defamatory publications against him which he had published in his X account (formerly Twitter) and on Facebook page.
The lawyer defied to retract the defamatory publications within a period of seven days granted to him failure to which the matter would escalate to a defamation suit.
After lapsing of the timeline, Omari, through his lawyer Shadrack Wambui, proceeded to the High Court seeking injunction orders prohibiting the former LSK boss from continuing publicising the defamatory statements and the removal of the already published tweets.
“I pray for both temporary and mandatory injunctions to restrain the defendant from further publishing defamatory materials and to compel the immediate removal of the existing tweets,” read part of the affidavit.
On December 22, 2024, Havi in his Facebook and Twitter accounts, published a false defamatory statements about lawyer Danstan Omari stating that,
“We will in due course examine lawyers Danstan Omari and Philip Nyachoti why they never lose cases before Justice Alfred Mabeya.”
Wambui asserted that the the impugned publication deliberately characterises Omari as a corrupt  legal practitioner who had been conniving with the judge to defeat justice.
The offending articles make an array of false and defamatory insinuations against Omari being offering shallow, skewed and malicious view and unsubstantiated analysis of the matters he has handled before Justice Mabeya.
Wambui also stated that the impugned publication does not give the origin of such malicious conclusion that Omari ‘has been winning all his cases’ before Justice Mabeya under very corrupt and suspicious circumstances.
The complaint believes that the publication is motivated by jealous, ill will and misguided perception and was made aiming to ruin his professional journey as an advocate of the High Court and a lecturer.
Wambui further noted that the impugned publication was widely circulated to various advocates WhatsApp forums with the aim of attaining wider circulation of the malicious publication therefore making a defamatory statement available to the whole world.
In addition, Wambui stated that the offending statements has been extensively circulating through multiple social media platforms that enjoy both national and global reach and coverage.
In giving directions, Justice Janet Mulwa certified the matter as urgent and granted the interim orders restraining the defendant his agents, his servants or any other person from publishing defamatory statements concerning the plaintiff.
She proceeded to set the interparte hearing dates on January 27, 2025.
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