Judges, magistrates tell off Judiciary critics

Supreme Court of Kenya in Nairobi. [File, Standard]

Days after Chief Justice Martha Koome stated that she is a victim of cyberbullying, the Kenya Magistrates and Judges Association (KMJA) has come to her defence, hitting back at online critics of the Judiciary.

The association argued that the online attacks are not criticisms but cyberbullying of Chief Justice Koome and other judicial officers.

In a statement issued yesterday, KMJA announced that they have scheduled a meeting with the Law Society of Kenya (LSK) to discuss the conduct of their members, whom they say have been championing cyberbullying.

“A meeting has been scheduled next week between the leadership of the Judiciary and LSK, and that will be among the topics for discussion,” said KMJA president, Justice Stephen Radido.

The association reportedly cited Senior Counsel Ahmednasir Abdullahi and the 46th president of LSK, Nelson Havi, as those leading the attacks, which they described as systemic.

“We must call out those who seek to dismantle the very Judiciary they claim must be protected. Their relentless, unconscionable attacks not only jeopardise the institution, endanger the rule of law in our country, but also exhibit a Dunning-Kruger syndrome,” said Justice Radido.

He added that the attacks undermine the integrity and authority of the Judiciary.

The KMJA president said that judges and judicial officers had been personally attacked on social media in a callous and unfair manner, with ill-conceived insults.

“These attacks degrade their role in Kenya’s democracy and are a recipe for crippling institutions, choking the independence of judicial bodies, and ultimately may degenerate into a state of lawlessness,” he said.

KMJA asserted that it stands firm against the attacks, which Justice Radido said are orchestrated to destabilise the Judiciary, erode public trust, and interfere with its functionality as Kenya approaches the 2027 General Election.

The judge stated that it was regrettable these attacks were coming from legal practitioners who have served in leadership positions within the LSK.

“The association has keenly analysed these online attacks. Their systemic nature, execution, and sustained onslaught demonstrate an unorthodox and unconstitutional attempt to cajole the Judiciary, its leadership, judges, and magistrates towards a self-serving agenda,” said Justice Radido.

According to KMJA, these assaults are self-serving and rooted in undisclosed but clearly discernible selfish interests that they believe threaten the fabric of society.

“We implore the public to recognise the hidden ill motives behind these efforts and to always remember that any attempt to undermine the Judiciary ultimately hinders justice for all Kenyans,” Justice Radido said.

He also pointed out that KMJA members are not immune to criticism. When they fall short of the expectations of lawyers and litigants, there are formal avenues to express dissatisfaction, not online rants.

He added that a meeting between LSK and KMJA, among others, held on August 23, 2024, resolved the way forward on how complaints are to be formally lodged and resolved amicably.

“Therefore, online attacks against judges and judicial officers, as well as all other forms of intimidation outside the formal avenues, pose an unwarranted distraction from the dispensation and adjudication of justice. The threats are an assault on the rule of law and the administration of justice,” he said.

He criticised lawyers for taking their frustrations online, saying it was disheartening that LSK members have been reneging on raising concerns through formal avenues.

According to KMJA, they have instead opted “to deploy eccentric tactics such as cyberbullying and other forms of online attacks for ulterior motives.”

Havi has been critical of the Judiciary, citing several court stations where its officers have been absent from the courtrooms.

In response, KMJA stated that its members will continue to advance the judicial cause outside the confines of the courtroom, and that appearances by judicial officers on radio and TV will continue.

The association said these engagements are part of steps to ensure and enhance transparency and accountability.