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The Nairobian

Let Judiciary take control of its narrative after false Waititu case claims

Opinion

By AFP | Mar 07, 2025

**Former Kiambu Governor Ferdinand Waititu leaves Milimani Law Courts, Nairobi, after the ruling on the corruption case that he was facing alongside his co-accused, on February 13, 2025**. [Collins Kweyu, Standard]

Justice, like a river, must not only be done but must be seen to flow transparently. In the current murky waters of misinformation, half-truths float alongside outright fabrications, even the purest streams can be muddied. The recent decision in the Ferdinand Waititu corruption case is a sobering reminder that while justice may be blind, the public is not and neither is social media.

Court decisions can be lost in the noise of distortion. It becomes more baffling when senior legal practitioners, no less, misrepresent court decisions with the reckless abandon of a jester donning a judge’s robe. When such happen, the very institution meant to be the bastion of truth risks erosion. In such times, it becomes not just advisable but imperative for the Judiciary to take charge of its own narrative.

In South Africa, court case summaries are as routine. They dispel myths before they take root, rendering rumour-mongering an exercise in futility. Kenya, on the other hand, has been slower to embrace this necessity. The Supreme Court has consistently embraced media summaries of its decisions, the courts below must embrace this in major decisions of public interest.

The Waititu decision, which saw social media awash with misleading claims regarding the fine imposed upon conviction and the total sum of corruption involved, is a case in point. Numbers were thrown around like dice in a game of deception.

Some claimed that the fine was but a drop in the ocean compared to the stolen millions, implying a judiciary in bed with the corrupt. Others boldly declared that courts had legalised theft as long as one could afford a slap-on-the-wrist penalty. These narratives, were laced with irony yet lacking truth. They spread like wildfire, leaving the Judiciary to douse flames it did not ignite.

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It is not the role of the courts to engage in public relations battles, but in an era where the tongue is no longer mightier than the sword, the Judiciary must step up.

It’s more essential now that the misinformation in the Waititu case was peddled even by legal practitioners who ought to know better. In a modern world where perception often trumps reality, the Judiciary must understand that failing to clarify is, in itself, a form of miscommunication.

A nation’s trust in its judicial system is not written in stone. It is written in actions, reinforced by clarity. A judiciary that fails to explain itself risks being explained by others, often to its detriment. If the courts wish to be the final word on justice, they must ensure that their word is heard, understood, and not twisted beyond recognition. The misreporting of the Waititu case did not arise from ignorance alone. It was, in some instances, deliberate, an attempt to paint the Judiciary as corrupt and complicit.

The antidote to such manipulation is not retreat, but engagement. This duty, for the Judiciary to always communicate effectively and promptly, is more important since the public deserve the right to know under Article 35. This right extends to simple breakdown of major decisions that affect the public. There is an African proverb that warns: If the lion does not tell its story, the hunter will.

In South Africa, court summaries are provided swiftly after major cases, ensuring that before the rumour mill can grind its poison, the truth is already in circulation. Kenya must follow suit. Justice is not only about court decisions; it is about understanding. What good is a well-reasoned decision if the people it affects most are left confused or misled?

When misinformation festers, the Judiciary’s moral authority shrinks. Before we know it, even truth sounds like a lie. The Waititu debacle was a warning shot. If the Judiciary does not take control of its narrative, others will, and they will do so with neither fairness nor accuracy. Injustice does not always wear a black robe; sometimes, it wears the mask of a viral tweet. Kenya’s Judiciary must rise to the occasion as judgment is ongoing in the court of public opinion. Silence is not an option.