The High Court has declined a request to stop former LSK President Nelson Havi from commenting on the ongoing petition involving Chief Justice Martha Koome, ruling that no such order can be issued without a formal application.
The issue was raised by lawyer Ochieng Oduol, who urged the court to ring-fence the proceedings from what he termed as prejudicial online commentary allegedly posted by Havi. He argued that the posts painted the petitioners including retired Supreme Court judges in bad light and risked interfering with the administration of justice.
Oduol warned the court that “it has become a habit that matters are being litigated on social media,” noting that unchecked commentary erodes judicial authority and scandalises parties involved in live proceedings.
In its remarks, the court acknowledged that social media attacks on litigants and ongoing cases are a serious concern. However, the judge emphasised that the court cannot act on informal complaints. Any party seeking to curtail Havi’s online posts or those of any other participant must file a formal application supported by evidence, including the specific posts in question.
The court reiterated that judicial power lies in the courts, not on social media, and insisted that only a properly filed application would allow it to set clear parameters and issue enforceable orders.
