The Kenya Magistrates and Judges Association (KMJA) has strongly condemned what it calls sustained online attacks against the Judiciary, accusing high-profile legal figures, including former Law Society of Kenya Presidents Ahmednassir Abdullahi and Nelson Havi, of spearheading a concerted campaign. This move comes on the heels of a similar warning issued by Chief Justice Martha Koome earlier this week, where the Judiciary warned against tactics aimed at undermining the institution’s independence.
In a statement released against the backdrop of a similar warning by Chief Justice Martha Koome earlier this week, KMJA vowed to seek redress for what it termed “unorthodox and unconstitutional” tactics. According to the Association, these attacks are aimed at manipulating the Judiciary for self-serving agendas, which risks undermining the rule of law and the integrity of justice delivery.
“Online attacks against judges and judicial officers, along with other forms of intimidation outside formal channels, are an unwarranted distraction from the administration of justice. These threats represent an assault on the rule of law,” said KMJA President Justice Stephen Radido.
The association labeled the online attacks as “unacceptable,” stressing that such public criticism degrades the essential work of the Judiciary and its officials. Radido added that the attacks demonstrated bad faith, as the critics had chosen to bypass lawful avenues for airing grievances.
“The ongoing and escalating public attacks on the Judiciary only serve to undermine its integrity and authority. These personal attacks on social media, which are often callous and unfair, degrade the vital role judges play in our democracy. If left unchecked, they could cripple our institutions, erode judicial independence, and lead to lawlessness,” Radido stated.
The KMJA also expressed disappointment with members of the Law Society of Kenya for abandoning formal complaint mechanisms and resorting to online harassment for what it described as ulterior motives. “It is disheartening for members of the LSK to bypass established complaint channels and instead engage in cyberbullying and other forms of online aggression,” Radido said.
While KMJA acknowledged that judges and judicial officers are not immune to criticism and may fall short of expectations at times, the association emphasized that such criticism must be channeled through the relevant legal mechanisms. These include User Committees, Bar Bench Committees, and established media outlets like radio and television.
“As an Association, we welcome constructive criticism as it provides an opportunity for reflection and improvement. Every responsibility calls for transparency and accountability,” stated KMJA.
However, KMJA reaffirmed that judges must continue to evolve through continuous training to stay abreast of societal and legal developments. The rebuttal comes amid ongoing attacks from Havi and Ahmednassir on social media over various judicial rulings, including the recent Supreme Court decision affirming the legality of the contentious Finance Act 2023.
In October, Havi criticized the Supreme Court for its ruling on the Finance Act, which the Court of Appeal had previously nullified. He further opined that Kenyans should “do something” if the issues facing the country, which he claimed had been inadequately addressed by the courts, were not resolved.
As the attacks continue, the KMJA has called for greater responsibility in how public figures engage with the legal system, urging critics to follow proper channels rather than resorting to online harassment. The ongoing battle is not just about defending the Judiciary’s reputation, but about safeguarding the very pillars of democracy. In a time when the rule of law is under increasing pressure, the need for constructive dialogue and accountability has never been more urgent. Will those critical of the Judiciary rise above personal agendas and work within the law to address concerns, or will this fight spiral further into a battle that risks eroding public trust in Kenya’s legal system?
Article By Suzy Nyongesa.