Lobby groups accuse Havi of malicious attacks on Judiciary

Former Law Society of Kenya President Nelson Havi. [File, Standard] 

A section of civil society groups has warned that some lawyers' push to paint the Judiciary and other state officers as corrupt could erode Kenyans' confidence in constitutional bodies.

The more than 10 human rights groups, led by the Centre of Litigations Trust (CLT), said that although they support the war against graft, mudslinging of judicial officers without evidence is dangerous.

CTL Director Julius Ogogh said most allegations against the holders of constitutional bodies remain unproven or withdrawn, damaging the reputation of the offices they occupy.

“It is sad that some lawyers have adopted the strategy of intimidating the judicial officers by accusing them of graft without an iota of evidence instead of defending their clients,” he said.

He cited a case where former Law Society of Kenya President Nelson Havi accused the Directorate of Criminal Investigation (DCI) and Office of the Director of Public Prosecution (ODPP) of corruption.

“It should also not be lost that as lawyers and Kenyans fight the scourge of corruption, the fundamental legal principle of presumption of innocence is very important,” said Ogogoh.

He said that Havi's claims that the DPP and the DCI were out to collect bribes from the three persons accused of grabbing National Social Security Fund (NSSF) property were reckless.

The former LSK president made the claims in court in defence of Harish Ramji, Ashvin Ramji, and Bharat Ramji, who are facing charges for illegally acquiring the parcel of land in Arthi River, Machakos County.

The three are accused of fraudulent transfer of land owned by the NSSF, valued at approximately Sh350 million.

The DCI said that the arrest of the three followed a complaint made on September 2, 2025, by NSSF, claiming their rightful ownership of the disputed land.

According to the complaint, the three suspects had unlawfully obtained a title deed for the property and falsely claimed that NSSF had sold and transferred the land to them.

DCI said that on May 27, 2010, the suspects, along with several accomplices, created a transfer document that looked legitimate. Investigators say that the document bore the signatures of the NSSF Board of Trustees. The parcel of land in question measures about 3.043 hectares.

The inquiry file was then forwarded to the ODPP, and after an independent review, the ODPP found the evidence to be strong and consistent with the findings of the investigating officer.

The ODPP approved offences, including conspiracy to defraud, making a false document, obtaining registration by false pretences, and forgery against the trio.

“This is a case of great public interest, as it involves public assets and should be handled carefully. It is Havi’s right to choose the best strategy for defending his clients, but to malign important constitutional offices of corruption without an iota of evidence is dangerous,” said Ogogoh.

He said that the obsession with accusing any state officer of corruption was undermining constitutionalism, eroding public trust and courting chaos.

“It is a strategy to intimidate state officers doing their jobs. A strategy to deflect Kenyans from the real issues and to intimidate judicial officers. It is a strategy that should be rejected,” said Ogogoh.