The High Court in Nairobi has dismissed senior lawyer Nelson Havi’s application seeking to terminate a defamation case filed against him by his fellow advocate, Danstan Omari, allowing the matter to proceed to full hearing.
In a ruling delivered on Friday, the court declined to strike out the suit, finding that Havi had failed to properly comply with the procedural requirements under the Civil Procedure Rules.
The court found out that Osundwa and Co. Advocates were lawfully on record for Havi and that no valid notice of change of advocates had been filed to allow Havi and Co. Advocates to take over the matter.
Havi had sought several orders, including striking out a memorandum of appearance filed on his behalf, the setting aside of proceedings conducted between January and June 2025, and the invalidation of an interlocutory judgement request made by Omari.
He also asked the court to declare the suit abated due to alleged failure to issue and serve summons within the given period, or alternatively, to transfer the matter to the Chief Magistrate’s court at Milimani.
In his argument, Havi maintained that he had never given any instructions to Osundwa and Co. Advocates to act for him and said that the failure to issue summons properly rendered the suit defective.
However, Omari opposed the application, arguing that the firm had represented Havi actively by filing pleadings, attending court sessions, and engaging in negotiations that aimed at settling interlocutory matters, actions that according to him, demonstrated Havi’s participation in the proceedings.
The judge agreed with Omari’s argument, holding that Havi had failed to provide enough evidence to prove his innocence to not instructing the firm. The court further noted that without a proper change of advocates on record, the application was flawed procedurally and therefore incompetent.
Consequently, the High Court declined to consider the significant issues raised, including the question of service of summons. The application was therefore dismissed with costs awarded to Omari, paving way for the defamation case to proceed.
