You're Ruining Careers - High Court Judge Decries Being Lynched on Social Media

High Court judge Nixon Sifuna has responded to the protestation by a section of lawyers about his conduct.

In the recent past, the judge has been criticised for allegedly being biased and suppressing litigants.

The attacks have been led by former Law Society of Kenya (LSK) president Nelson Havi, who recommended a tribunal to process the judge's removal.

Recently, Sifuna was found in a delicate situation as he presided over a case on The Nairobi Hospital leadership dispute.

Lawyer Peter Wanyama was determined to stop the proceedings after Sifuna blocked his request to make an oral application for the judge's recusal from the case.

The judge ceded ground and allowed Wanyama to proceed but later decried the campaign against judges online. 

In the tail end of The Nairobi Hospital case proceedings, Sifuna took time to explain to Kenyan lawyers why such campaigns are weakening the Kenyan law jurisdiction.

He observed that opinions and campaigns on social media against judges would belittle the arguments litigants put in court.

 "You are hurting people and trying to ruin careers through that. Next time, it will be you; someone will have put you there, and you will run to court to seek an injunction to prohibit someone from continuing to put you on X. And because you have been doing that, the courts will be used to it, and they will not give you orders. So if you make such social media things a business, the judge won't think it's a serious thing you have brought to court," he said.

At the same time, the judge discouraged litigants from shouting at judges during heated proceedings.

Referencing the situation he was in with Wanyama, Sifuna argued that such displays paint the Kenyan judicial system in a bad light despite remarkable progress since independence.

Sifuna noted that Kenya's jurisdiction is tolerant of lawyers deemed arrogant and bullish, warning them that they may not be spared in other jurisdictions outside Kenya.

"Is it not important for you to pay attention even to know what the court is doing? I'm sure you're supporting this side or another way from that law firm. Even to know what your law firm is saying. It's important. Look at judges as human beings. And when you do that, of course, courts in Kenya will understand. But assuming you have a brief, and you go to another jurisdiction, and you try that, you will not come back," he said.

"Kenyan courts are used to this. But supposing you go to another jurisdiction, the U.S., or even an uncivilized jurisdiction, will you reach the airport? And members of the public may not know what you have done. They may even attack you in the street. So what I'm saying is, it does not stand on the cliff. And as it is, in the legal profession, we are standing on the cliff. You will push the court over the cliff, but you will also go over the cliff. Gone will be this career. That's all. It will no longer be noble for anyone to tell their children to become a lawyer. The number of lawyers will be low," added Sifuna.