Lawyers

Top Litigation Lawyer: Nelson Andayi Havi, 49th POLSK

Havi is an advocate of the High Court of Kenya and a brilliant legal mind of 18 years good standing having signed the Roll of Advocates on 12th June 2003. After working for a few law firms, Havi established his eponymous medium-size law firm, Havi & Company Advocates, offering specialist legal services.

Published

3 years ago

September 14, 2021

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The 48th President of the Law Society of Kenya Nelson Havi who is eyeing Westlands Constituency MP in 2022

If to “nelson” is to aggressively tackle a wrestling opponent, then, no lawyer since Nelson Mandela can rival Nelson Havi in living the true meaning of the word. You can love or hate Havi, glorify or pillory Havi, acclaim or disclaim Havi, agree or disagree with Havi, the only thing you can’t do, however much you try, is ignore Havi. Even the harshest of the critics of the 49^th President of Law Society of Kenya readily admit that Havi is not just one of the best lawyers in Kenya today, he is a legal force of hurricane magnitude and, by all standards, a brave soul committed to restoring LSK to its former glory as the vanguard of rule of law in Kenya.

Havi: A Legal Force of Hurricane Magnitude

Havi is an advocate of the High Court of Kenya and a brilliant legal mind of 18 years good standing having signed the Roll of Advocates on 12th June 2003. After working for a few law firms, Havi established his eponymous medium-size law firm, Havi & Company Advocates, offering specialist legal services in the areas of public interest litigation, commercial litigation, arbitration, corporate finance advisory services, conveyancing, intellectual property rights and debt collection. Havi and his firm have handled numerous landmark and reported cases at the High Court, Court of Appeal and Supreme Court.

One poignant example that go to prove Havi is a quintessential lawyer is the appeal case of Stanley Kang’ethe Kinyanjui vs. Tony Keter & 5 Others [2013] eKLR. Havi acted for the Appellant (Mr. Kinyanjui) in challenging a ruling and an order of the High Court of Kenya at Eldoret (J.R. Karanja, J.) made on 9th December 2011 by which the sale by public auction, transfer of and resultant title to L.R. 7741/149/3 Kitisiru Estate Nairobi, were set aside following an application dated 17th June 2011 by the 2nd respondent, Salim Suleiman (Suleiman). In urging the appeal, Havi attacked the competency of the application to set aside the sale that was before the learned judge. He criticized the learned judge for applying the overriding objective as a panacea for Suleiman’s failure to properly invoke the court’s jurisdiction and to comply with the rules of procedure. He also lambasted Suleiman for flouting procedural rules and wondered why he waited until year 2011 to challenge the sale that occurred in 2009.

The Court of Appeal (Waki, Mwera & Kiage JJA) agreed with Havi holding in favour of his client that: “While fully cognizant of the court’s primary duty to do justice untrammeled by procedural technicalities, we are also aware that litigation is a game with clear rules of engagement. It is not open to parties to pursue and for courts to allow, a path of circumventing the rules that are imposed to aid in the attainment of justice…. It is unfortunate that the learned judge rather peremptorily dismissed the valid objections that had been raised against Suleiman’s application. He ought not to have heard it. He certainly should not have granted it… This appeal succeeds. The ruling and order of the High Court made are 9th December 2011 is set aside in entirety. The notice of motion by Suleiman (the 2nd respondent) dated 17th June 2011 is dismissed with costs. The costs of this appeal shall be borne by the 2nd respondent.”

In addition, Havi has acted in dozen other reported and precedent-setting matters including Miguna Miguna v. Permanent Secretary, Office of The Prime Minister & Another [2011] eKLR where he acted for Dr. Miguna suing then PM Raila and his office challenging his termination and Uhuru Muigai Kenyatta v. Nairobi Star Publications Limited [2013] eKLR where he successfully argued a preliminary against the petition by the current President of the Republic of Kenya seeking to gag The Star and convinced the High Court (Lenaola J, as he then was) to strike off the Petition. Havi also acted in Safaricom Limited v. Porting Access Kenya Limited & another [2011] eKLR, Tatu City Limited & 3 others v Stephen Jennings & 6 others [2017] eKLR, Real Deals Limited & 3 Others v Kenya National Highways Authority & Another & another [2015] eKLR, and Magnate Ventures Limited v Kenya Railways Golf Club; Backlite Limited (Interested Party) [2019] eKLR.

Havi: A Brave Soul Committed to Restoring LSK

In the Tatu City Limited case, the subject matter was the over Ksh. 50 Billion (USD 500 Million) tatu City development project and Havi was acting for the plaintiffs. Havi credits the case with opening his eyes to the reality of the endemic corruption and impunity at the Land’s Office and Companies Registry at the time. His persistency and determination saw an overhaul of the operations in the Companies Registry and Land’s Office including the transfer and suspension of many officers who had grounded the two institutions at the centre of conveyancing and commercial legal practice. Havi persisted in his quest for reforms in Land’s Office and Companies Registry even after he was elected as Chairman of Nairobi LSK Branch and today his efforts have paid off because operations in both entities are undergoing digitization.

Over the years, Havi has proven himself to be a man who is never afraid to go to any length even if it means walking alone or earning the ire of high-placed enemies in his uncompromising defense of the rule of law and constitutionalism. Since taking oath of office as President of LSK, Havi continues to disappoint those who expected his zeal and vibrancy in the quest of making LSK relevant a defender of rule of law to wane with the passing of months. Now, more than a year since he was elected, Havi remains true to the undertaking he signed on 20^th January 2020 committing to focus on serving LSK Members if elected the 49^th President without fear or favour.

In living true to his calling to reform LSK, Havi has not hesitated in taking to task a section of the LSK Council, a group within the Senior Counsel Bar, the Attorney General and Solicitor General, the Judicial Service Commission, the Lady Chief Justice Designate and even the President. Remarkably, in all the instances when Havi has taken on a matter in public interest, the best his critics can do is question his methods or his approach. The motive of Havi to serve the society and the public good is never in question nor is the content of his arguments for the causes he embraces. Always over-prepared and articulate, in his time as LSK President, Havi has produced some of the best legal memoranda ever associated with the Law Society of Kenya in its 72 years’ history.

Havi: What is the Next Chapter?

Nelson Havi is the proverbial man in “If”, the Rudyard Kipling’s famous poem. Havi is the man who keeps his head when all around him are losing theirs and blaming it on him. He talks daily with crowds of his followers on social media but still keeps his virtue. He walks with royalty by dint of his position but has never lost his common touch. Neither foes nor friends can hurt Havi, all count on him to do the right thing, but none is too close to compromise him. Truly, Havi is a man of all seasons, at home in his village backyard being installed as Omwimili wa Balagoli by the Maragoli Council of Elders as he is in Supreme Court arguing the next groundbreaking case, happy keeping the company of who is who in Kenya as he is hanging out with law students in one of the local varsities.

Little wonder the news that Havi has trained his eyes on being next Westlands MP next year has left many devastated aspiring hopefuls in its wake and stirred a frenzy of excitement among the area constituents who received his bid with open arms. “The Constitution enumerates functions and duties of a Member of National Assembly thus: making laws and protecting the Constitution; determining allocation of national revenue and oversight of its expenditure; reviewing conduct of State officers and oversight of State organs; and infrastructural development, wealth creation and poverty alleviation at the constituency level. I have accepted the request of the People of Westlands Constituency to serve them and the Nation in that capacity effective August, 2022 or earlier if Parliament is dissolved,” Havi tweeted recently.

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Eric Kivuva: Reset and Calibrate for a Nairobi LSK Branch that Delights Members

“My vision is for a Nairobi Branch that delights members because things work as they should to improve practice, welfare, and mentorship,” Eric Kivuva.

Published

5 months ago

April 23, 2024

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Eric Kivuva, Senior Partner at McKay Advocates and Nairobi LSK Branch Chair Candidate

By Eric Kivuva, Nairobi LSK Branch Chair Candidate 2024-2026

Nairobi Branch has had stability over the last few years but we seem to have stagnated on protecting and advocating for improvements in the practice environment and have become superficial about the real welfare issues of members. The time is nigh for us to reset our leadership and the branch. It is time to replace stagnation in practice with progress; Public relations in member care with results-oriented action; silence with empathy, disconnection with engagement. It is time for a reset and calibration of the branch for positive, progressive impact on our practice and welfare.

My Promise: To make Nairobi branch a truly world class branch when it comes to championing a better practice environment and more opportunities for members.

My Agenda: Our practice environment is not conducive for many advocates because of the bottlenecks that exist. We must prioritize practice matters if each one of us is to have a thriving practice so that you can not only meet your needs but also have a little more to create positive impact in the society.

My Reset and Calibrate Agenda

Agenda 1: Protect and Progress Practice Areas

Diligently follow through with implementation of CUCs and Bar-Bench Committee recommended actions.
Be proactive in monitoring changes in the legal sector and take measures to ensure advocates are not negatively affected by those changes.
Eliminate bottlenecks in practice areas specifically by championing efficiency at all registries i.e. Land Registries, Court Registries, Company Registries and KIPI.
Support the fight against corruption in the judiciary and the elimination of facilitation fees.

Agenda 2: Adoption of Emerging Practice Areas

Establish the emerging practice areas committee
Encourage greater collaboration with inhouse counsel to widen the practice space
Develop a simple guide to practice management

Agenda 3: Mentorship and Unity of the bar

Institute a practice mentorship program within the branch to equip members with skills and tools to help them build thriving practices.
Expand branch social activities and increase the frequency of the events to involve as many members as possible.

My Track Record

I have made significant contributions to the Nairobi branch without holding an elected position.

I have been a staunch supporter of the Nairobi Branch, contributing through member donations and sponsoring numerous branch events.
⁠I played a pivotal role in establishing one of our most beloved traditions, the Nairobi Branch Quiz Night, alongside our esteemed first chair, Charles Kanjama, to foster camaraderie among members.
⁠I offered leadership during the organization of the first-ever LSK elections debate, where I not only facilitated as the MC but also ensured the event’s seamless execution.
⁠I contributed to the conceptualization of the Nairobi Legal Awards in 2021 organized by the Nairobi Branch and the inaugural Nrb Branch Christmas carols event.
⁠I consistently support the Nairobi branch financially and has served as a speaker at multiple branch events, most recently at a cocktail organized by the branch in August 2023.
⁠In recognition of my unwavering dedication, I was honored with the Committed Service Award in 2022, bestowed upon individuals who demonstrate exceptional commitment to branch activities.

There is no question that Nairobi LSK Branch holds a special place in my heart and that makes me the ideal candidate to lead the LSK Nairobi branch to new heights in the next two years.

My Vision for Nairobi Branch

My vision is for a Nairobi Branch that delights members because things work as they should to improve practice, welfare, and mentorship.

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Irene Kiwool: My Track Record and Call to PACT for Better Nairobi LSK

Irene Kiwool is calling for a PACT towards a Progressive and an All-Inclusive LSK Nairobi Branch Bar.

Published

5 months ago

April 17, 2024

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Irene Kiwool is running for LSK Nairobi Council Member 2024-2026 on PACK Agenda.

Download: Irene Kiwool’s Manifesto for Nairobi LSK Council Member 2024-2026(PDF)

WHO IS IRENE KIWOOL?

I am an advocate with 14 years post admission experience and a partner at Muchemi & Co. Advocates. For the past 6 years, my unwavering dedication and commitment to the bar has been evident through active participation on several Nairobi Branch Committees. This engagement has not only sharpened my legal acumen but has also allowed me to make meaningful contributions and impact to our legal community. I believe it is this commitment and dedication to our legal practice that led to my nomination as the Commercial and Conveyancing Practitioner of the Year in 2022 and listed among the Top 100 Real Estate and Finance Lawyers in Kenya in 2023.

WHAT IS MY TRACK RECORD?

Dedicated Leadership and Service

I have served diligently on the following committees:

Lands Liaison Committee
Commercial Practice Committee
ICT and IP (KIPI) Liaison Committee
Judicial Review Bar -Bench Committee
Devolution and Law Reform Committee
Ardhisasa Technical committee

Legal Practice Protection and Reform

I have played a pivotal role in safeguarding the legal practice and spearheading key reforms that support our profession and protecting our bread and butter. Notable contributions include:

The gazettement of the Regulations on Electronic Conveyancing (The Land Registration (Electronic Transactions) Regulations, 2020),
The gazettement of The Regulations on Extension and Renewal of Leases (Land Extension and Renewal of Leases) Rules, 20l7.)
Development of a comprehensive Conversion Manual, which guides practitioners on the process to convert Land Titles and Deeds issued under the repealed land laws.
The manual is available on the Ministry of Lands Website.

Proactive Advocacy for Efficient Systems

I have been at the forefront lobbying and driving for improvements on the Ardhisasa System, to enhance its user-friendliness, responsiveness, efficiency and effectiveness. Through my proactive engagements, we have achieved significant upgrades, unlocked key registrations at the Nairobi Registration Unit and facilitated the development and dissemination of training materials on the use of the Ardhisasa system.

NOTABLE UPGRADES:

Filing of Consolidated applications
Introduction of a Progress Status bar to track registration status
Reduced timelines for the registration of Foreign Accounts
Enhanced system functionalities including editing applications
Comprehensive upload capabilities for chargee’s covenants, previously limited to 500 words activation of several registration forms conducting
Searches without proprietor’s consent through an Advocate account for unconverted or unenumerated properties cleared by Ministry of Lands

UNLOCKED REGISTRATIONS

Long -term leases through the Memorandum of Understanding between Ministry of Lands and LSK
Where modules are inactive registration is manual by seeking exemption from the Registrar
Manual registration for inactive modules by requesting for an exemption to register through the Chief Land Registrar
Transfers by Chargee
Deed of Variations of Charges
Replacement of lost Titles and reconstruction of the register.

WHY THE PACT AGENDA?

I am committed to honoring the PACT (Protect, Account, Champion and Track), by continuing to serve members, this time as a council member. With your vote, together, we can bring inclusivity, integrity, innovation and impactful change to our resident bar.

PROTECT

Protect members bread and butter by prioritizing practice issues and defend against challenges from whatever source. Develop a proactive stance to anticipate and mitigate risks before they impact our members.
Lobby for the establishment of a Practice Forward Committee aimed at monitoring emerging challenges in the legal practice, focusing on the welfare of Advocates, the emerging areas of legal practice and recommending implementable solutions. This initiative would ensure that Advocates are well supported and equipped to navigate the evolving complexities of the legal field.
Lobby for creation of an online Nairobi Branch Members Directory that is publicly accessible, allowing Members of the public to easily locate and engage legal counsel thereby increasing visibility and accessibility for our members.
Lobby and develop a tracking mechanism to weed out masqueraders and unqualified persons through a justice multi- stakeholder approach

ACCOUNT

Advocate for Accountability and Transparency of Branch operations and financial affairs.
Lobby for the adoption and implementation of a stakeholder and institutional accountability tool to monitor and enhance service delivery across key partner institutions (the courts; the Land Registration Units, BRS, Ecitizen, KRA, Registrar of persons, Tribunals among other’s). This tool will aim to ensure transparency, responsiveness and efficiency, proactively addressing challenges and optimizing resource utilization Advocate for prudent utilization of Branch funds to maximize the benefits to our members.

CHAMPION

Champion and spearhead legal reforms that reflect current needs and future challenges with the aim to strengthen and grow members’ practice.
Champion for strategic networking engagements, collaboration and knowledge exchange.
Establish dynamic forums and platforms for members to leverage expertise and access valuable resources thus contributing to members individual growth, overall development and innovation within the legal practice.
Champion and spearhead the drafting and publication of a comprehensive manual that provides guidance on electronic conveyancing aiming to streamline and enhance conveyancing practice.

TRACK

Establish a tracking system to regularly assess the welfare support mechanisms in place, ensuring they effectively contribute to the progression and growth of members.
Track the effectiveness of the mentorship program and develop strategic policies to expand the pool of mentors and enhance the quality of mentorship.
Lobby for the establishment and implementation of a performance metric’s system to evaluate the efficiency and effectiveness of branch committees. This metrics will be reviewed periodically to foster continuous improvement.

CURRENT ROLES THAT ALIGN WITH THE PACT AGENDA

Member of the Co -ordinating Committee that is tasked with the mandate to co-ordinate the review of the National Land Policy.
Member of the Nairobi Lands Justice Working Group whose mandate is to identify the root causes and address systemic and endemic challenges in the administration of land justice in Nairobi County.
Member at the Lands and Housing Sector Board Committee at KEPSA and public Policy and Advocacy Committee at KPDA.
Member of the Kenya School of Law Mentorship programme.

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Njoki Mboce: I am Members Project for LSK President

Published

7 months ago

February 21, 2024

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By Njoki Mboce for LSK President 2024-2026 Team

Today, LSK faces an existential threat from those who seek to compromise its mandate by aligning with the regime in ongoing attempts to undermine the place of the Law Society of Kenya (LSK) and erode the Rule of Law. This has the potential to regress the country to a state of impunity and dictatorship reminiscent of the past.

In such turbulent times, the LSK requires a leader who is resolute, decisive, and impartial. Harriet Njoki Mboce is this suitable leader, with a firm reputation, who will speak Truth to power in the face of encroaching dictatorship.

The actions of a candidate are a mirror of who they are, and what they will be in office. If a candidate wants the office at all costs, and abuses members’ trust to get there, they will have no integrity while in office. Harriet Njoki Mboce is unequivocally the LSK Members’ project. Boldly and firmly acting to defend Independence of the BAR, institutions, and the Rule of Law, she has maintained this commitment throughout her campaigns for President of LSK. This offers a strong basis to fearlessly champion members’ interests and protect the BAR from capture by the State and unscrupulous cartels.

Growing up, I dreamt of being a Navy Officer. I never in my wildest dreams imagined that I would one day be seeking the Presidency of an organisation previously led by impeccable names such as SC Gibson Kamau Kuria, SC Pheroze Nowrojee, SC Paul Muite, SC Hon Dr. Willy Mutunga (CJ Emeritus) and SC Raychelle Omamo, among others. It has taken resilience and a high dose of firm, and bold commitment to get here.

LSK requires a leader to withstand the pressure within and without, and to take the heat on behalf of the membership, whenever the Country and the Society’s living tenets come under threat. This resilience as a quality in the President of LSK enables me in a big way to see the wider horizon of the environment we operate in, to prepare for the storms and to boldly and firmly focus and act on our bigger mandate.

Come elections day, 29th February, 2024, I invite members to ask themselves: Which candidate shows real signs that they will not be corrupted, will run an accountable organisation and will sustain the moral and probity to place the LSK on a path of Independence? I humbly seek your vote to bring this desire home. Please vote for the Member’s project, Harriet Njoki Mboce, HSC for President of The Law Society of Kenya (2024-2026)