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Lawyer Nelson Havi. PHOTO/@NelsonHavi/X
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Nelson Havi to Challenge Marijuana Criminalization in Landmark Constitutional Petition

by Daily Trends
written by Daily Trends

City lawyer Nelson Havi has vowed to file a constitutional petition to challenge the criminalization of marijuana.

Taking to his official X account on Sunday, March 30, 2025, the former Law Society of Kenya (LSK) president said that the petition will be filed in the next coming week.

Havi says his petition will seek to declare as unconstitutional all sections of the law criminalizing the growing, processing, sale, and use of marijuana.

“I will in the next coming week file a constitutional petition to declare as unconstitutional all sections of the law criminalizing the growing, processing, sale, and use of marijuana. We must level the vibes,” Havi stated.

Petitions to decriminalize marijuana in Kenya

However, this will not be the first attempt to seek legalization of marijuana in Kenya.

Professor Simon Mwaura, a Kenyan scientist, in 2018 petitioned Parliament to legalize marijuana, arguing that he had found a way to separate the plant’s psychotropic elements therefore making it safe for consumption by all.

Mwaura, in his petition, wanted the plant used as a raw material to create food supplements as well as herbal and medicinal extracts.

He disclosed that he had conducted research on marijuana and miraa (khat) before coming up with the findings.

“These two main plants offer both herbal and medicinal extracts that can be used by a six-month-old baby to a 90-year-old,” Mwaura noted.

He further revealed that he came up with the formula in 1996 and it had been confirmed by the Government Chemist.

A marijuana plant. PHOTO/Pexels

The psychotropic components are what give users the feeling of ‘highness,’ but upon separation, the plant is left with a number of nutrients such as magnesium and carbohydrates.

Previously, Mwaura had written to the Ministry of Health as well as the Agriculture Ministry seeking permission to handle the banned substance in all 47 counties for purposes of his work.

Rastafarian Society of Kenya

The Rastafarian Society of Kenya has also previously filed a petition to decriminalise the use of cannabis, or bhang, for ‘spiritual’ purposes.

They argued that followers and believers of the Rastafari faith use cannabis by smoking, drinking, bathing, or burning incense for spiritual, medical, culinary, and ceremonial purposes as a sacrament to manifest their faith.

In their petition, they also argue that Rastafarians are apolitical and therefore have no political power. They say they are subject to prejudices such as intimidation and searches on their homes because of their use of cannabis.

“It is the Petitioner’s contention that the impugned section clearly show differential treatment on the basis of Religion and privacy perpetuates the culture, stigma and discrimination against the 1st petitioners’ followers through the continued use of archaic laws that violate the rights of the 1st petitioners’ members,” the court document reads.

Lawyers Shadrack Wambui and Alexander Mwendwa said that cannabis was a “sacrament” connecting believers to their “creator”.

They said authorities did not ensure the group’s religious rights were respected and infringed a 2019 high court ruling that said Rastafarians were a religious group and should be treated as one.

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Politics

Miguna Miguna Weighs In On Tim Wanyonyi’s Return To Westlands MP Race, Predicts Outcome

by Daily Trends
written by Daily Trends

Exiled Kenyan lawyer Miguna Miguna on Thursday, April 28, 2022, gave his opinion just days after Westlands Member of Parliament Tim Wanyonyi announced that he will be defending his seat.

Tim made the announcement after his Nairobi gubernatorial ambitions were ended following Polycarp Igathe’s entry into the race.

Igathe’s entry through the Jubilee party ticket complicated Azimio La Umoja’s Nairobi formation, forcing other aspirants to step down for him.

May be an image of 2 people, people sitting, wrist watch and indoor
Westlands MP Tim Wanyonyi and Polycarp Igathe. Photo/ Courtesy/ Tim Wanyonyi Facebook.

Tim Wanyonyi’s entry into the Westlands parliamentary race sparked mixed reactions, with a section of Kenyans opining that he was going to retain the seat.

He will now be facing off with the immediate former Law Society of Kenya president Nelson Havi, who is vying on a United Democratic Alliance (UDA) ticket.

Wanyonyi has pledged his loyalty to his party, the Orange Democratic Movement (ODM), which he will be using to defend his seat.

However, Miguna Miguna has a different opinion.

The controversial lawyer claims that Havi will defeat Tim Wanyonyi in the August 9, 2022 polls.

NELSON HAVI regrets almost immediately after joining RUTO's UDA as he comes face-to-face with the reality on the ground – Look! He never expected this at all | DAILY POST
Nelson Havi. Photo/Courtesy/Nelson Havi Twitter

Through a post on his official Twitter account, Miguna argues that Havi will be the best MP for Westlands, claiming that Wanyonyi is a coward, probably for accepting to step down for Igathe.

“President @NelsonHavi has been my lawyer. We don’t agree on many issues. However, he will be the BEST MP for Westlands. Tim Wanyonyi may be a good man. But he is a COWARD and has never LEGISLATED in Parliament. Parliament DESERVES eloquent and brilliant WARRIORS like @NelsonHavi,” tweeted Miguna Miguna.

Igathe on Thursday, April 28, 2022 paid a courtesy call on Tim Wanyonyi, who endorsed him for the Nairobi gubernatorial race.

“A courtesy call from the Azimio La Umoja – One Kenya Alliance Nairobi Gubernatorial candidate Polycarp Igathe. Asante,” Tim Wanyonyi posted.

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Crime & Investigations

New Trouble For British Soldier Who Murdered A Woman In Nanyuki As LSK Demands This

by Yahil Felix
written by Yahil Felix

Law Society of Kenya President Nelson Havi has called on the British government to surrender the British soldier suspected of killing a woman in Nanyuki for probe and prosecution.

Havi’s response comes a few days after The Sunday Times ran an investigative piece alleging the soldier’s involvement in the killing of Agnes Wanjiru and subsequent cover-up.

During an interview with Spice FM radio, Havi said it’s time the British High Commissioner to do something more than talking.

“There could be a motive to conceal the crime. That explains why this particular case has taken time to unfold. They must surrender the suspect as soon as possible for investigations to be concluded and the suspect prosecuted for this heinous murder.

When the story was released, the British High Commissioner Jane Marriott said the British government is cooperating with Kenya’s investigation authorities.

She noted that the British soldiers’ conduct in Kenya is important to the High Commission.

Nelson Havi added that crimes by the soldiers in question are prevalent and questioned what they’re doing in Kenya.

He said their transgressions had prevailed and recently, they lighted a fire that killed an elephant and no action was taken.

The bosy of the 21-year-old Agnes Wanjiru was found decomposing by a hotel worker while running his daily routine in March 31st, 2012.

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EducationLatest NewsPolitics

I Will Not Fight For You! Nelson Havi Sends A Warning To Teachers Amid Calls For Compulsory Training

by Yahil Felix
written by Yahil Felix

Amidst the debate on the Competency Based Curriculum, the Teachers Service Commission came up with a new directive that all teachers should have fresh training every five years to refresh their certificates, lest they’re deregistered by the commission.

Photo: Courtesy

The commission’s secretary Nancy Macharia made the announcement that all teachers under TSC payroll should take the Teachers Professional Development program (TPD), which is accredited to be taken in any of these institutions; Kenyatta University, Riara University, Mt. Kenya University and Kenya Institute of Education Management.

Photo: Education CS Magoha [Courtesy]

Recently, Law Society of Kenya President Nelson Havi filed a petition challenging CBC program. He told parents and teachers that he had hearkened to their call arguing that the education system in Kenya should not be expensive, inefficient and ineffective.

Photo: TSC Secretary Nancy Macharia [Courtesy]

After this, education CS Prof. Magoha swore to fight with them in court and ensured them he would win. Havi on Friday morning told teachers to suit themselves this time as they are called upon for the compulsory training.

It seems a section of teachers requested him to help them oppose the recent requirement for teachers by TSC. He wrote on his Facebook account,”Teachers, you left Wilson Sossion to be fought to exhaustion by the state. KNUT withdrew all the cases against the state when you replaced Sossion with a Secretary of ‘your preferred choice.’ Please, stop calling me to challenge the directive by TSC that you be trained afresh.”

Photo: Screenshot of Nelson Havi’s post [Courtesy]

Former Kenya Union of Teachers Secretary General Wilson Sossion called it quits after years of squabbles in the union. He faced a lot of resistance and attempts to be ousted out of office by KNUT members and despite putting on ha gard skin and telling them he would not resign, he gave it up on June 2020. Sossion then blamed the government for orchestrating his removal in a bid to stop him from fighting for the rights of teachers and making the union better.

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Politics

Havi: CJ Martha Koome Had A Hand In Uhuru’s Appointment Of 34 Instead Of 40 Judges

by Mustafa Juma
written by Mustafa Juma

Chief Justice Martha Koome had something to do with President Uhuru Kenyatta’s appointment of 33 instead of 40 judges that were recommended by the Judicial Service Commission (JSC), Law Society of Kenya (LSK) president Nelson Havi has claimed.

Taking to his official Twitter account, Havi questioned CJ Koome’s presence at State House during the swearing in of the appointment judges.

President Kenyatta on Friday swore in the 34 judges at State House Nairobi despite protestations from lawyers and politicians over his move to reject six judges from the list recommended by Judicial Service Commission.

The ceremony was witnessed by CJ Koome and Chief Registrar of Judiciary Anne Amadi and a host of judges.

“If CJ Martha Koome had nothing to do with President Uhuru Kenyatta’s appointment of 33 instead of 40 Judges what was she doing at State House? How did the Judges end up there in robes? Did she tell the President what she has jotted down in that underwhelming unsigned note?” Havi posed.

Those who took the oath of office were seven judges heading to the Court of Appeal, 10 to the Environment and Land Court and 18 others to the Employment and Labour Relations Court.

JSC had recommended the appointment of 41 judges in August 2019 but one died in a road accident last year.

President Kenyatta, however, appointed 34 on Thursday leaving out justices Joel Ngugi, George Odunga, Weldon Korir and Aggrey Muchelule, all currently serving as High Court judges.

He also rejected Evans Makori and Judith Omange Cheruiyot, who had been recommended for the Labour Court.

The Court of Appeal is required to have 30 judges but currently has 13 judges, following the retirement of some judges and promotion of others including justices Koome and William Ouko, who were elevated to the Supreme Court. 

Distancing herself from the recruitment process, which happened close to two years ago – before she was the CJ, Koome urged Uhuru to appoint the remaining six judges.

In a statement on Friday, she said, “The 34 Judges have today taken their oath of office witnessed by H.E the President. I note with great concern that 6 persons who wererecommended by the JSC for appointment were not gazetted.”

Koome gave the example of what happened in January 2014, when the JSC recommended the appointment of 25 nominees as judges, and in June 2014, the President initially appointed 11 of them and subsequently appointed the remaining 14.

On Friday, the LSK lawyers’ lobby demanded that the president should appoint the six remaining judges omitted from his gazetted list of appointments, or it will go to court.

LSK said in a statement by its Chief executive Mercy Wambua that the action of the president was unlawful and reeks of impunity.

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Alice Wahome
Politics

MP Alice Wahome Fires Back at Nelson Havi Over Claims of Her Intended Resignation

by Mustafa Juma
written by Mustafa Juma

Kandara Member of Parliament Alice Wahome has spoken on claims of her intended resignation from her legislative role.

The lawmaker has refuted allegations that had been made by Law Society of Kenya President Nelson Havi that she had accepted to resign over Chief Justice David Maraga’s advisory on dissolution of parliament.

“I have seen a post by Nelson Havi LSK President circulating in the social media that I will resign from Kandara Parliamentary seat by reason of C J Maraga advisory of dissolution of Parliament. Advisory is directed against Parliament not individual members. I’m not resigning,” she wrote on Twitter.

Havi through his Twitter handle had said that the vocal Ruto-ally was mulling her resignation from the National Assembly.

“Honorable Alice Wahome Member of National Assembly for Kandara Constituency has confirmed that she will resign following the advise by CJ David Maraga to President Uhuru Kenyatta to dissolve Parliament. Who is else has taken this course we support him/her for re-election?” Havi posted.

CJ Maraga on Monday last week wrote to President Uhuru Kenyatta advising him to dissolve Parliament over its inability to pass the two-thirds gender rule.

The Chief Justice, in his unprecedented move, said Parliament has refused to comply with the High Court order to enact legislation required to implement the two-thirds gender rule for over nine years.

“It is incontestable that Parliament has not complied with the High Court order in Constitutional Petition No. 371 of 2016. As such, for over 9 years now, Parliament has not enacted the legislation required to implement the two-thirds gender rule which, as the Court of Appeal observed in its said judgement, is clear testimony of Parliament’s lackadaisical attitude and conduct this matter,” he said.

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Nelson Havi
Politics

MPs to be Blocked From Accessing Parliament Premises as From 12th October

by Mustafa Juma
written by Mustafa Juma

The Law Society of Kenya has vowed to ensure that Members of Parliament don’t access the premises as from October 12, 2020 following an advisory issued by Chief Justice David Maraga.

In a press conference held on Thursday September 24, 2020, LSK President Nelson Havi said Parliament is unlawful and should not conduct business beyond October 12.

He further asked Interior ministry to withdraw MPs’ and senators’ security detail.

Havi also urged Kenyans to occupy Parliament buildings from October 12, if President Uhuru Kenyatta will not have dissolved Parliament as advised by Maraga.

“The advisory does not end the terms of the President, governors, and members of county assemblies. There is no constitutional crisis and the business of government will not come to halt. No financial burden shall lie on the shoulders of taxpayers,” Havi said.

Maraga asked President Uhuru Kenyatta to dissolve Parliament, itself noncompliant with the two-thirds gender rule, for failure to enact the law which provides for gender balance.

In the advisory, Maraga said Kenyans must be ready to suffer, if only to hold elected parliamentary representatives accountable.

The CJ insisted that the country “must say no to impunity and hold everyone accountable for their actions or omissions”.

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Crime & Investigations

LSK President Terms MP Waluke’s Conviction as Fraudulent

by Mustafa Juma
written by Mustafa Juma

Law Society of Kenya President Nelson Havi has faulted the historic graft ruling in the case involving Sirisia MP John Waluke and his co-accused Grace Wakhungu.

Taking to his official twitter account on Friday morning, Havi termed Waluke and Wakhungu’s conviction as fraudulent.

According to Havi, Waluke and Grace Wakhungu contracted with the National Cereals and Produce Board (NCPB). In this case, Havi says, NCBP breached the contract.

He says the arbitrator ordered the payment and the award was enforced by the High Court. While justifying that the accused people committed no crime, Havi noted that NCPB lost before High Court and Court of Appeal and paid the decree.

“John Waluke and Grace Wakhungu contracted with NCPB. NCBP breached the contract. Arbitrator ordered payment. Award was enforced by High Court. NCPB lost before High Court and Court of Appeal and paid the decree. How can that be a crime? Do not celebrate fraudulent convictions,” he tweeted.

Waluke and his co-accused will pay a fine of close to Sh2 billion or serve at least 39 years in prison after they were found guilty of defrauding the state agency.

While sentencing the two, Chief Magistrate Elizabeth Juma said the offences they committed were serious. She added that the two and their company took advantage of a dire situation in the country, as Kenya faced a drought, to defraud the NCPB.

The magistrate said there were aspects in the Anti-Corruption and Economic Crimes Act (ACECA) that are mandatory and the court had no option but to pass sentence as prescribed in the law.

But where the court has discretion, Ms Juma said she would exercise it judiciously.  On the first count of uttering a false document, the court directed Ms Wakhungu to pay a fine of Sh100,000 or serve one year in prison. She was further directed to pay another fine of Sh100m for purgery or serve another year in jail. 

Grace Wakhungu and MP John Waluke in Court on June 25, 2020. PHOTO/COURTESY

Both the convicts and the company were directed to pay a fine of Sh626 million each or serve seven year in jail for receiving fraudulent payment from NCPB.

Waluke will pay Sh726 million for his sins. He will also shoulder Sh313 million, which is half the amount the court fined Erad Supplies & General Contractors Ltd. Waluke and and his accomplice Grace Wakhungu were co-directors of Erad.He, however, has a right of appeal.

The court also paved way for the NCPB to go after the two convicts’ assets to recoup Sh297 million that it lost.

Efforts by Waluke and Wakhungu to have the sentence suspended were thwarted by the court, which stated that it had concluded its work on the matter and any issue on its judgement could only be handled at the High Court on appeal.

The trial court said the bond terms the two have been enjoying had already been exhausted and ordered for the release of security that was used to secure their temporary release as the hearing was going on. Waluke has been out on a Sh3 million surety bond.

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Politics

Murkomen Promises to Teach Nelson Havi a Lesson For Mocking Tangatanga

by Mustafa Juma
written by Mustafa Juma

Senate Majority leader Kipchumba Murkomen has promised to teach aspiring Law Society of Kenya (LSK) President Nelson Havi a lesson over his mockery on Jubilee’s tanga tanga faction members.

Havi on Saturday morning shared a video of tanga tanga members led by Kandara MP Alice Wahome being teargassed and chased from Kilimai police station when they went to demand the release of Gatundu South MP Moses Kuria.

Havi termed the group defending Kuria as “Wajinga nyinyi” victims, telling Kenyans to look at the events the members were doing in 2017 and 2018.

He said that the State has never been the citizen’s friend even when you are part of it.

“The State has never been the citizen’s friend even when you are part of it. If in doubt, study the origin of State or check what these Wajinga Nyinyi‘victims’ were doing and saying in 2017 and 2018,” he posted.

A seemingly angry Murkomen jumped on the post, reminding Havi that Alice Wahome was a senior member of the bar.

He reminded Havi of his LSK presidency aspirations, telling him that he was mocking the members who should vote for him.

“Acha kieleweke” ( Let it be understood) is the phrase Murkomen left Havi with.

“Hon.Alice is a senior member of the bar. A Court order has been ignored. You want to be President LSK. You are mocking members. Wacha Kieleweke,” Murkomen posted.

Kiharu MP Ndindi Nyoro and Alice Wahome are some of the legislators that were on Friday night teargassed while camping outside Kilimani Police Station.

The two were among a group of Tanga tanga allied MPs waiting for detained Gatundu South MP to be released on a Sh50,000 bond.

Kuria was apprehended earlier Friday after a Kiambu woman accused him of assaulting her in December 2019, claims he has since denied.

The lawmaker said Joyce Wanja tried to blackmail him prompting to record a statement at Kilimani Police Station on December 10, two days after the assault incident at Inooro TV studios.

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