Lawyers react after Justice Sifuna rebukes online 'attacks'

Justice Nixon Sifuna speaks in court on Friday, July 18, 2025. /SCREENGRAB

A section of lawyers has reacted sharply after Justice Nixon Sifuna condemned what he termed as online attacks on judges by some advocates.

Justice Sifuna, speaking on Friday during a court session, accused some lawyers of orchestrating social media campaigns that he said were damaging the integrity of judicial officers.

He lamented that judges are constrained by their code of ethics from responding publicly.

“I can't call a press conference, I can't go to TikTok, but remember you are hurting people and trying to ruin careers through that,” Justice Sifuna said. 

Sifuna warned that the culture of vilifying judges on social media could backfire on advocates themselves, cautioning that courts could be less sympathetic to advocates who fall victim to similar online backlash.

“Next time, it will be you. Someone will put you there, you will run here with an application telling me, ‘I want you to issue an injunction prohibiting someone from continuing to put me on Twitter,’” the judge said.

He urged lawyers to maintain decorum and uphold the dignity of the profession, stating, “Look at judges as human beings… Let us maintain decorum in this profession and uphold it to the highest standards. It remains a noble profession.”

But the remarks have drawn swift condemnation from several prominent lawyers.

Former Law Society of Kenya (LSK) President Nelson Havi led the charge, dismissing Sifuna’s criticism as misplaced.

“We go to court to seek justice as a matter of constitutional right. The Judiciary is not under attack. It is a recipient of objective and positive criticism.”

Havi defended the role of advocates in speaking out against perceived judicial excesses, emphasising that their complaints were intended to maintain good order in the administration of justice.

“When senior advocates complain, it's for good order because you are advocates just like us. We are mindful of your affairs. We point out these issues, like bond and bail, because we are the ones who consume justice. Please, listen to us, we mean well, we want the Judiciary to succeed,” he said.

He called for urgent dialogue, urging Chief Justice Martha Koome and senior judges to meet with LSK leadership and senior practitioners to resolve simmering tensions.

“There’s an urgent need now more than ever for the Chief Justice, the presiding judges of all divisions of the High Court, to meet up with the leadership of the Law Society of Kenya and serious practitioners before this court so that we resolve this issue once and for all,” he added.

Advocate Willis Otieno also weighed in, echoing Havi’s sentiments and urging the Judiciary to embrace criticism rather than view it as hostility.

“The Judiciary thrives not by shielding itself from scrutiny, but by embracing it. Constructive criticism is not an attack but a mirror held up to power, asking it to reflect and improve,” Otieno stated.

He added: Listen, and where necessary, to reform.”

Former Chief Justice Willy Mutunga also joined the fray, reminding judges of their accountability to the public.

Reacting to a July 17 statement by the Judicial Service Commission (JSC), which decried “unwarranted attacks against judicial officers,” Mutunga said criticism was essential in a democracy.

“The Judiciary should value criticism by Kenyans, however unfair and painful. After all, the Judiciary operates on delegated sovereign power from Kenyans. Kenyans know that the Judiciary is the only institution that stands between the citizens and the dictatorship,” Mutunga said.

The JSC, through its secretary Winfridah Mokaya, had called for restraint from the public and stakeholders in its statement.

“The commission calls upon all members of the public, civic leaders, and institutional stakeholders to respect the dignity of judicial institutions. Engagement with the Judiciary must be grounded in civility, constructive dialogue, and an unyielding respect for the rule of law," she said.

"This is imperative not only for the administration of justice but for the preservation of constitutional order in the Republic.”