The Kenya Magistrates and Judges Association (KMJA) has called out former Law Society of Kenya President Nelson Havi for what they described as a scheme to weaken and ultimately destroy the institution of the judiciary through crusades on social media.
This is after Havi filed a petition for the removal of Chief Justice Martha Koome, six Justices of the Supreme Court, and two others from the High Court and Environment and Land Court.
“Regrettably, after lodging the Petitions with the Commission, some of the Petitioners and their proxies have taken a tangent of intimidating the Judicial Service Commission and judges while prosecuting the Petitions on social media,” read the statement in part.
“The Justices whose removal is under deliberations by the Judicial Service Commission cannot prosecute or present their respective Page 2 of 6 cases on social media. Their hands are tied by the Conduct of Ethics and Conduct.”
KMJA Calls Out Nelson Havi After Posts Over Removal of Koome
KMJA said Nelson Havi has been using coded language with undertones of actual violence to cause harm and destruction to the judiciary, judges and judicial officers to achieve a predetermined outcome at all costs.
The judges claimed that after the petitioner posted a coded message about preparing for an assault on CJ Martha Koome and the Supreme Court judges, Koome’s security details were withdrawn the following day.
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“The very next day, the security detail/escorts of the Honourable Chief Justice and officers deployed to the Judiciary Police Unit were withdrawn,” the Judges said.
“Soon thereafter, the Petitioner posted on his social media pages: We eventually landed and caught one of them, geese.”
In a further escalation of what appears to be an ongoing agenda against the judiciary, KMJA revealed that a disturbing message was posted, signalling a potential attack on the Supreme Court.
The message according to the Judges read, “An unconventional war requires an unconventional weapon for a quick end. Civilians are advised to evacuate by 8.45 am.”
Additionally, they highlighted that the Havi posted that the Judicial Service Commission (JSC) had a choice to either act in accordance with Article 168 of the Constitution of Kenya or face intervention by the National Assembly, as outlined in Article 251 of the Constitution.
Also Read: CJ Koome Breaks Silence After Threats to Occupy Supreme Court
Judges Decries Intimidation From Havi and LSK
KMJA also alleged that prominent members of the LSK posted on their social media handles, claiming that Koome’s actions were a desperate attempt to divert attention from the impending recommendation by the JSC to the President for the formation of tribunals aimed at removing seven judges from office.
The post further warned that any High Court judge who issues a conservatory order in favour of the Supreme Court judges, halting the JSC’s process under Article 168 of the Constitution, would be guilty of gross misconduct and face removal from office.
KMJA said it has reasons to believe that these are not mere coincidences but well-orchestrated plans to obtain certain desired outcomes without giving due process its place in the legal matrix.
“Due process demands that persons who have lodged Petitions, and more so those who are officers of Court or legal practitioners with a professional Code of Conduct and Practice allow the Page 5 of 6 Judicial Service Commission to conduct its processes soberly without intimidation or threats on social media,” they added.
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