In a scathing open letter addressed to Chief Justice Martha Koome, former Cabinet Secretary Raphael Tuju has leveled grave allegations of judicial misconduct against five Supreme Court of Kenya (SCoK) judges and called for investigations into Senior Counsels Fred Ojiambo and Githu Muigai.
The letter, dated March 21, 2025, accuses the judiciary of undermining Kenya’s stability through reckless rulings, ethical violations, and collusion with powerful interests.
Key Allegations Against the Judiciary
Tuju draws parallels between Kenya’s judiciary and the U.S. Supreme Court’s infamous 1857 *Dred Scott* decision, which entrenched slavery and fueled civil war.
He warns that the SCoK’s “inflammatory language” in dismissing the 2022 presidential election petition—including phrases like “hot air” and “wild goose chase”—exacerbated ethnic divisions in a “highly combustible” political climate.
Central to his claims is a protracted legal battle over a 27-acre Karen property, which Tuju alleges is being targeted by “crooked auctioneers” and judges acting in favor of the East African Development Bank (EADB).
He accuses five SCoK judges of issuing a “morally indefensible” ruling permitting the bank to auction his land, arguing that compensation could be paid later if he prevailed.
“This sets a dangerous precedent,” Tuju writes, likening it to “executing someone now and resurrecting them later if proven innocent.”
The judges, he claims, further violated due process by blocking his constitutional right to submit a rejoinder and recusing themselves “without precedent” after affidavits central to EADB’s case were recanted.
Tuju also alleges that four of the seven SCoK judges have been seen in viral videos “exhibiting drunkenness in public,” undermining their credibility as role models.
Calls to Investigate Senior Counsels
Tuju urges the Judicial Service Commission (JSC) to probe SC Fred Ojiambo and SC Githu Muigai for “gross professional misconduct.”
He accuses Ojiambo of fabricating affidavits—now withdrawn and subject to criminal proceedings—while Muigai allegedly engineered a conflict of interest by championing the EADB Act as Attorney General, despite his law firm representing the bank.
The Act was recently declared unconstitutional by the Machakos High Court on March 20, 2025.
The letter frames Kenya as a “fragile state” at risk of collapse, citing insecurity in regions like Baringo and Mandera, rampant poverty, and a youth population bulge.
Tuju warns that an “irresponsible judiciary” could ignite chaos, noting that Kenya ranks 35th on global fragility indices. “The SCoK must not add fuel to the fire,” he writes, emphasizing that judges’ life tenure demands stricter accountability through the JSC.
Tuju claims to have written three times to Chief Justice Koome, receiving replies that failed to address his allegations.
Enclosed documents purportedly include evidence of judicial overreach and JSC interference. While the SCoK and accused lawyers have yet to publicly respond, the letter underscores mounting scrutiny of Kenya’s judiciary amid high-stakes political and legal battles.
Tuju’s letter has coincided with broader unrest with the SCoK.
Lawyers Nelson Havi and Ahmednasir Abdullahi have filed separate petitions with the JSC to oust all seven justices—Chief Justice Koome, Philomena Mwilu, Mohamed Ibrahim, Smokin Wanjala, Njoki Ndung’u, Isaac Lenaola, and William Ouko—over allegations of incompetence, misconduct, and corruption.
Havi, a former Law Society of Kenya (LSK) president, has claimed the judges accepted bribes, including an alleged offer involving Tuju’s Karen property, as posted on X on March 13, 2025.
Abdullahi, barred from appearing before the SCoK since January 2024 due to his vocal criticism, has rallied 13 lawyers from his firm to demand the bench’s removal.
The judiciary’s woes have deepened public mistrust. Havi’s petition, filed on January 13, 2025, accuses the SCoK of barring him and Abdullahi without due process, while Abdullahi’s campaign stems from the court’s indefinite ban on his firm, upheld as recently as January 21, 2025.
Former Chief Justice David Maraga has dismissed these ouster bids as “dishonest” and politically motivated, but the High Court’s extension of orders on March 5, 2025, blocking JSC hearings has only heightened tensions.
For now, Tuju’s lettee puts JSC under pressure to investigate the judges and Senior Counsels. Meanwhile, Tuju’s case—and his warning that he may not see justice until 2036—spotlights concerns over judicial impartiality and the rule of law in Kenya.
