The Judiciary in in the eye of the storm following petition before the Judicial Service Commission seeking the removal of top judges over bribery accusations.
The petition by captain Kung’u Muigai is calling for the removal of Chief Justice Martha Koome, four Supreme Court justices, and six Court of Appeal judges amid accusations of systemic judicial corruption tied to a disputed estate sale and a decades-long legal fight.
Muigai, a retired military officer and director at Benjoh Amalgamated Ltd, claims bribes totalling more than Sh825 million were channeled to senior judges for favourable rulings for the Kenya Commercial Bank (KCB) in the sale of the 443-acre Muiri Coffee Estate.
Muigai argues the property was improperly auctioned for a mere Sh70 million.
It is his position that the courts, including the Supreme Court, based rulings on a consent judgment dated May 4, 1992, which Muigai argues does not exist in the records.
He says the supposed order was used to dismiss his suit as res judicata [a matter judged] effectively ending his pursuit.
When a matter is termed res judicata, it prevents a party from litigating a claim as it is deemed to have already been decided by a competent court.
The petition received by the JSC on August 19, 2025 names several high-ranking judges, among them Koome, along with Supreme Court justices Mohammed Ibrahim, Njoki Ndung’u, Isaac Lenaola, and William Ouko.
The six Court of Appeal judges are Daniel Musinga (president of the court), Sankale ole Kantai, Milton Makhandia, Kathurima M’Inoti, John Mativo, and Francis Tuiyot.
Mungai lists several payments he says were made to secure favorable rulings, including misappropriation of $3.5 million (about Sh451.5 million) routed through an offshore account in Jersey. The cash was allegedly wired through the spouse of former Deputy Chief Justice Kalpana Rawal, benefiting a Supreme Court panel that ruled against him.
Another, USD 2.5 million (about KSh 322.5 million) paid to a five-judge appellate bench to dismiss a review application.
A Sh50 million incentive is also alleged to have been paid to retired judge GBM Kariuki to declare the matter res judicata, even though one bench member, Musinga, was reportedly in India at the time of the ruling.
He also claims Lenaola received Sh1 million from a prominent law firm involved in the case.
Muigai reiterates that the 1992 consent judgment cited across rulings was never produced in court and argues it was misused to justify selling the Muiri estate.
JSC in a letter dated August 7 said it had reviewed the petition and fopund that it doesn’t meet the threshold of removal of a judge. \
In the letter signed by Winfridah Mokaya said JSC found that the judges acted within the scope of their judicial authority.
In a letter to the JSC dated August 22, 2025, Muigai requests to testify in camera and present evidence, including statements from businessman Chris Musau and a former employee of a law firm linked to the disputes.
He contends that courts have repeatedly cited a non-existent consent order to deny him justice and accuses the judiciary of enabling KCB to auction the estate despite other assets serving as security for the loan.
The Judiciary has,however, denied the accusations, “malicious, unfounded, and a deliberate attempt to discredit judicial officers”.
Judiciary Spokesperson Paul Ndemo said in a statement that no credible evidence of misconduct has ever been presented.
“The Judiciary treats all allegations of corruption with utmost seriousness, but dissatisfaction with judicial outcomes is not proof of misconduct,” Ndemo said. “Respect for final court judgments is essential to the administration of justice.”
However, Muigai argues that the petitions were reviewed without his input and now calls for an open, transparent process, drawing comparisons with accountability practices in other jurisdictions.
Muigai urges the JSC to reopen all previously dismissed petitions and initiate proceedings to remove the named judges.
He asserts that presenting his evidence in full would reveal the extent of alleged judicial dishonesty and corruption affecting his case for more than three decades.
