Justice under Attack: Cyberbullying of Judges as a Threat to Judicial Independence
by admin on | 2025-03-06 09:09:22 Last Updated by admin on 2025-03-28 10:12:07
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In recent years, social media has emerged as the most popular platform for accessing information and exchanging views, surpassing traditional mainstream media such as television, radio, and newspapers. In Kenya, platforms such as Facebook, X (formerly Twitter), WhatsApp, YouTube, and TikTok have become dominant sources of news and discourse. While these platforms have played a critical role in democratizing information and fostering public engagement, they have also become tools for undermining judicial independence through cyberbullying and harassment of judges and magistrates. Unlike traditional media, which is regulated and subject to editorial oversight, social media operates with little to no restrictions. Access requires nothing more than a smartphone and an internet connection. This lack of regulation has been exploited by certain individuals, including prominent advocates, to launch targeted attacks against the judiciary. The ability to upload any content—true or false—without pre-screening or editorial intervention has created an environment where misinformation, disinformation, and defamatory material thrive unchecked. The rule of law and the administration of justice are intertwined and mutually reinforcing. A strong justice system requires an independent judiciary that instills public confidence through impartial decision making. The effectiveness of judges in fulfilling their constitutional mandate depends on the public\'s trust in their integrity and professionalism. However, when judges are subjected to sustained attacks on social media, their ability to discharge their duties without fear or favour is compromised. In Kenya, two senior advocates— Ahmednasir Abdullahi SC and Nelson Havi, both former Presidents of the Law Society of Kenya—have leveraged their large social media followings to launch persistent attacks against judges, particularly Chief Justice Martha Koome and the Judges of the Supreme Court. Ahmednasir’s social media campaign began with smears targeting former Chief Justice David Maraga, leading to a defamation suit against him by the former CJ. Nelson Havi has similarly used both X and Facebook to publicly disparage members of the judiciary
