The Judiciary has strongly rejected claims made by former President Uhuru Kenyatta’s cousin, Captain (Rtd.) Kung’u Muigai, that judges were bribed in a long-running commercial land dispute. The institution described his accusations as malicious, unfair, and lacking any credible evidence.
In a detailed statement released on Wednesday, Judiciary Spokesperson Paul Ndemo said that no proof of corruption has ever been presented in the matter, despite the many years of litigation.
He further pointed out that some of the judges mentioned by Muigai have since either retired or passed away, making the accusations even more unfair and disrespectful.
Background of the Land Dispute
The case in question goes back more than thirty years and involves a loan that had been secured using land as collateral. When the borrower defaulted on the loan, the matter was taken to court.
It was settled through a consent order in which the borrower admitted owing the money and promised to repay within a given timeline. However, the repayment was never made, forcing the lender to seek enforcement of the security.
Over the years, the borrowers made repeated attempts to stop this enforcement by filing several fresh suits. Each time, the courts dismissed the cases, arguing that the dispute had already been conclusively resolved through the earlier consent judgment.
In 1998, the Court of Appeal, which at that time was the highest court in Kenya, confirmed that the consent was valid and binding. The court also ruled that no fraud or illegality had been proven and insisted that litigation must come to an end.
Despite that ruling, new suits and appeals continued to be filed before the High Court, the Court of Appeal, and later the Supreme Court.
All these efforts were struck out as res judicata—a legal principle meaning the case had already been decided.
By 2018, the Court of Appeal noted that more than 14 cases had been filed over a period of two decades, describing the endless litigation as deeply concerning and an abuse of the judicial process.
Fresh Allegations by Kung’u Muigai
On Tuesday, Captain (Rtd.) Muigai accused judges who made rulings against him of being bribed, while claiming those who issued favorable decisions were not influenced. He went as far as naming several judges, including some who hold senior roles within Kenya’s judiciary system.
The Judiciary responded firmly, saying that these were not new claims. It explained that similar complaints had previously been taken before the Judicial Service Commission (JSC), the body responsible for investigating judicial misconduct. After thorough investigations, the JSC found no evidence of wrongdoing.
Judiciary’s Position on Integrity and Accountability
According to Ndemo, being unhappy with the outcome of a court case does not amount to proof of corruption. “It is mischievous, to say the least, for Captain (Rtd.) Muigai to allege that all the judges who handled his matters and made orders against his companies were bribed, and only those who agreed with him were clean,” Ndemo said.
He further stressed that while the Judiciary treats all corruption allegations seriously, such claims must always be backed with credible and verifiable evidence. “Unfounded allegations that impugn judicial integrity only serve to undermine public confidence in our courts,” he added.
The Judiciary, which has in recent months faced sharp criticism from some lawyers and litigants, reaffirmed its commitment to impartiality, fairness, and respect for the rule of law.
It also reminded Kenyans that courts exist to bring disputes to a conclusion and not to allow endless relitigation of settled matters.
Parties who are dissatisfied, it said, should rely on proper legal avenues such as appeals or reviews rather than spreading disinformation campaigns that only weaken trust in the justice system.
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