NAIROBI, Kenya, Mar 22 – The former Jubilee Party Secretary General and ex-Cabinet Minister,Raphael Tuju has penned a scathing open letter to Chief Justice Martha Koome, accusing the Supreme Court of Kenya (SCoK) of bias, judicial misconduct, and setting dangerous precedents.
The letter, dated March 21, 2025, comes at a time when tensions are high, with calls mounting for the removal of the Supreme Court judge bench.
Tuju, who has found himself in the middle of a high-profile land dispute in Karen, alleges that five Supreme Court judges have issued rulings that ignore due process and favor wealthy financial institutions at the expense of justice.
According to Tuju, the rulings in question open the door for banks to auction his property without following proper legal procedures.
“The law cannot be the foundation of morality; it is the other way round, your Honor. Morality is the foundation of a good law,” the letter read.
In his open letter, Tuju explains that his land in Karen was legally acquired nearly 40 years ago during his time as a young journalist and documentary producer.
He claims that the property has become the target of individuals using the Judiciary and rogue lawyers to dispossess him of his rightful ownership.
“It is these lands now that various vultures are circulating over, trying to grab them at any cost,” the letter reads in part.
The former Cabinet Secretary accuses the judges of blatant bias, stating that they have taken it upon themselves to make decisions in favor of a bank, even when the bank did not explicitly request such rulings.
“Worse still, the bank itself had not made such a request in their pleadings to the court. This was a favor the SCoK decided to extend to the bank on their own motion,” he states in the letter.
Intoxicated bench
Tuju also raises concerns about the personal conduct of some Supreme Court judges. He alleges that four out of seven SCoK judges have been seen in public exhibiting drunken behavior, questioning the integrity and professionalism of Kenya’s apex court.
“In the public domain, some four out of seven SCoK judges have a reputation for exhibiting drunkenness in public.If you are in doubt, I can send you some videos currently circulating on social media,” Tuju claims in the letter.
In addition to the land dispute, Tuju accuses the Judiciary of undermining constitutional bodies like the Judicial Service Commission (JSC) by interfering in its processes. He warns that this could set the stage for unchecked impunity within the courts.
Tuju referenced the risk of Kenya descending into chaos if judicial accountability is not restored. He draws parallels with historical events such as the Dred Scott decision by the U.S. Supreme Court, which he says contributed to the American Civil War.
“An irresponsible SCoK can easily make our country burn just like it happened in the USA. Kenya has burnt before and it can burn again,”the letter reads.
Tuju asserted that his lands in Karen are not public property, nor were they bought through ill-gotten wealth. He emphasized that his properties are legally acquired and insists that the accusations against him are part of a smear campaign.
“None of my Karen lands are grabbed public land. Neither is any of them bought from proceeds of crime or money stolen from public coffers,” the letter reads.
Koome’s removal petition
A petition was filed seeking to remove CJ Koome from office over alleged incompetence.
The petition was filed by lawyer Christopher Rosana in September last year following the Supreme Court’s decision to ban Senior Counsel Ahmednasir Abdullahi from appearing before the apex court.
A letter from the JSC Secretary and Judiciary Chief Registrar Winfridah Mokaya to the lawyer indicates that the commission was expecting a response from the Chief Justice.
“The petition was tabled before the commission on January 24, 2025 and upon deliberation, it was resolved that the Honourable Chief Justice be requested to submit a response to the petition,” the letter reads.
It adds, “Please note that the response, once received, will be placed before the commission for further deliberation and the decision of the communication on the petition shall be communicated to you”.
The petition is based on provisions of Article 168 (d), which provide that a judge of a superior court may be removed from office on the grounds of incompetence.
Source: capitalfm
