By Andrew Kariuki
The High Court has declined a request to bar former Law Society of Kenya President Nelson Havi from commenting on the petition involving Chief Justice Martha Koome, ruling that no gag order can be issued without a formal, properly supported application.
During Thursday’s proceedings, lawyer Ochieng Oduol raised concerns that Havi’s online commentary was prejudicial and risked undermining the integrity of the ongoing case. He urged the court to intervene, arguing that the posts could influence public perception of the matter.
However, the court held that it could not act on oral concerns or allegations raised from the bar, stating that judicial intervention requires a filed application accompanied by evidence.
The judge directed Oduol to lodge a formal application if he wished to pursue the issue, including attaching the specific material that formed the basis of his complaint.
The court further noted that judicial authority is exercised in the courtroom, not on social media and reaffirmed that the proceedings would continue unaffected by external commentary.
The matter will proceed once the court receives any formal filings regarding the complaint.
