Former Jubilee Secretary-General Raphael Tuju has intensified his battle against the Judiciary, submitting what he describes as damning evidence to the Ethics and Anti-Corruption Commission (EACC). This move follows his explosive open letter to Chief Justice Martha Koome, in which he accused five Supreme Court judges of bias and professional misconduct.
Tuju refrained from disclosing the contents of the dossier but maintained that it was linked to the allegations outlined in his letter. “Whatever I have shared with the EACC Chairman is in my open letter. I have spoken about my communications with the Chief Justice and other critical matters,” he said. He argued that revealing more details publicly could scandalise the judges unfairly.
The former Cabinet Secretary expressed frustration over the Judiciary Service Commission (JSC) being unable to investigate the matter, as the judges in question moved to the High Court to block any proceedings against them. “The JSC wrote to the accused judges, but instead of responding, they sought refuge in court. Now, JSC cannot act,” he lamented.
Despite his sharp criticism, Tuju clarified that he had never sought the removal of the judges, only that they be held accountable for their actions. “I did not ask for their removal or for them to recuse themselves from my case. They did so voluntarily, yet still ruled in favour of the bank,” he said, referring to his long-standing legal battle over a Sh4.5 billion loan dispute with the East African Development Bank (EADB).
Tuju has also taken aim at senior counsels Githu Muigai and Fred Ojiambo, accusing them of professional misconduct. He alleges they knowingly submitted false affidavits to the Supreme Court in the EADB case, resulting in an unjust ruling against him.
In a direct appeal to the Chief Justice, Tuju has demanded the formation of a tribunal to investigate the two lawyers and revoke their Senior Counsel titles. “I pray that you dare to carry out your constitutional duty without fear or favour,” he implored.
He further claimed that his land, acquired legally nearly four decades ago, has become the target of a fraudulent scheme involving corrupt lawyers and auctioneers, determined to seize his property under false pretences.
Tuju’s petition adds to a growing list of complaints against the Supreme Court, following similar accusations from former Law Society of Kenya President Nelson Havi and Senior Counsel Ahmednasir Abdullahi. These legal heavyweights have also accused the judges of gross misconduct and corruption.
However, the Judiciary remains defiant.
The accused judges, Deputy Chief Justice Philomena Mwilu, Justices Mohammed Ibrahim, Smokin Wanjala, Njoki Ndung’u, and William Ouko—have secured a High Court order preventing the JSC from proceeding with hearings on the allegations against them.
Tuju insists that his actions are not politically motivated, but rather a demand for transparency and accountability in the Judiciary. “It is about the right to be heard. I have kept the details of my case within the JSC because that is the appropriate forum. But the judges refuse to subject themselves to this process,” he argued.
Despite the EACC launching immediate investigations, no timeline has been provided for their conclusion. Meanwhile, Tuju has called upon Chief Justice Koome to uphold the Constitution and allow JSC to perform its mandate without interference.
As the saga unfolds, the allegations and counterclaims continue to cast a long shadow over Kenya’s highest court, leaving many questioning whether justice will ultimately be served, or if power and influence will once again triumph over accountability.
