The High Court has ordered criminal investigations into prominent lawyer Ndegwa Njiru and two of his clients over allegations of lying under oath and making false claims against a sitting judge in a desperate bid to manipulate court proceedings.
Justice Mugure Thande, sitting in Malindi, delivered the scathing ruling on Monday while dismissing an application seeking her recusal from a petition filed by Italian nationals Daniele Lococo and Massimo Nativi.
The judge directed that investigations be carried out against Njiru for subornation of perjury and professional misconduct, while his clients Rita Nappo and Cosimo Modugno face potential perjury charges.
The controversy erupted after Njiru, through his firm Ndegwa & Ndegwa Advocates, filed an application demanding Justice Thande step down from hearing the case.
In sworn affidavits, his clients made explosive but ultimately false allegations that the judge had been compromised through secret meetings with the opposing counsel.
Nappo and Modugno claimed in their court documents that Justice Thande had failed to disclose a family relationship with lawyer Kinyua Kamundi, who represents the Italian nationals.
More damaging still, they alleged that Kamundi had been seen visiting the judge’s private residence in Malindi for a two-hour meeting where she was allegedly compromised to deliver favorable rulings.
However, Justice Thande categorically demolished these claims, stating she had no relationship whatsoever with Kamundi and had never met him outside the courtroom throughout the years he had appeared before her court.
She described the allegations as “spurious and absurd” with no credible evidence to support them.
“It is evident from the affidavits that Mr Ndegwa aided, counselled and procured his clients to make false averments on oath in the proceedings,” Justice Thande ruled, ordering that the case files be forwarded to the Directorate of Criminal Investigations for criminal probe and to the Advocates Complaints Commission for professional disciplinary action.
The judge expressed particular concern that the false allegations originated from a practicing advocate, describing this as “a serious affront to both professional legal ethics and common decency.”
She noted that courts enjoy a presumption of judicial impartiality that cannot be easily rebutted without convincing evidence, which the applicants had spectacularly failed to provide.
Justice Thande observed that rather than appealing previous court decisions that had gone against them, Njiru and his clients had resorted to “unorthodox tactics” involving malicious and false claims designed to derail the judicial process.
The court had earlier delivered rulings favoring the Italian nationals, suspending criminal proceedings against them and halting investigations into matters arising from villa sales at Rafiki Village in Watamu.
The targeted lawyer Kinyua Kamundi expressed disappointment at what he termed “false and malicious allegations” that portrayed him as someone incapable of securing favorable rulings through merit and instead relying on compromising judicial officers.
He categorically denied any relationship with Justice Thande by blood, marriage or any other connection.
Justice Thande used the ruling to send a strong warning to the legal profession about maintaining respect for the judiciary.
She cautioned that lawyers must guide their clients away from “baseless and unwarranted attacks on judicial officers” which damage both the image of the judiciary and the trust between judges and advocates.
“To grant the orders sought would amount to permitting manipulation of the judicial process, undermining notions of fairness and justice and damaging the public perception of the judiciary,” she declared, emphasizing that courts must safeguard themselves against abuse by unsuccessful litigants and their lawyers.
The case highlights growing concerns about professional conduct within Kenya’s legal fraternity, with the judge stressing that unsubstantiated allegations, especially when made on legal counsel’s advice, compromise court dignity and disrupt the relationship between the bench and the bar.
Njiru, who gained prominence representing former Deputy President Rigathi Gachagua during his impeachment proceedings, now faces potential criminal charges and professional sanctions that could impact his legal career.
The investigations ordered by the court will determine whether he and his clients deliberately fabricated evidence in an attempt to manipulate judicial proceedings.
