Tuju Takes Fight Against Supreme Court Judges to EACC

Former Cabinet Secretary Raphael Tuju has intensified his battle against the Judiciary, delivering a dossier to the Ethics and Anti-Corruption Commission (EACC) just days after publicly accusing Supreme Court judges of bias and misconduct.

Tuju, who recently wrote an open letter to Chief Justice Martha Koome, has accused five Supreme Court judges of making questionable rulings and blocking the Judiciary Service Commission (JSC) from investigating their conduct. While addressing the press after his meeting with EACC Chairman David Oginde, Tuju declined to disclose the exact contents of the dossier but confirmed that it contained evidence supporting his accusations.

Judges Block JSC from Investigating Them

According to Tuju, the accused judges chose to move to the High Court instead of responding to JSC’s summons. This move, he argued, has frustrated efforts to hold them accountable.

“All I am saying is JSC wrote to the judges accused, and they chose to go to court instead of replying. JSC cannot proceed with the petition because the judges moved to court,” Tuju said.

The former CS insisted that his petition was not about seeking the removal of the judges but rather holding them accountable for their conduct. He accused them of manipulating the system to avoid scrutiny.

“I never asked JSC to remove the judges. I also never asked them to recuse themselves from my case with the bank. The evidence was already before them when they decided to step aside. Later, after recusing themselves, they still ruled in favor of the bank,” he stated.

Tuju’s accusations mirror recent concerns raised by various legal practitioners about the integrity of Kenya’s Supreme Court. This case adds to growing claims of corruption and questionable judicial decisions. Read More: Tuju Calls Out the Supreme Court for Bias and Corruption

Emails from Kenyans Strengthen Tuju’s Case

Tuju revealed that after publishing his open letter to the Chief Justice, he received numerous emails from Kenyans sharing similar concerns about the Judiciary. He presented some of these complaints as additional evidence to the EACC.

He denied allegations that his petition was politically motivated, saying he went public only after realizing the JSC process was being stalled.

“It’s about the right to be heard. That’s why I have never disclosed details of my case at the JSC—because it is the appropriate forum for discussing these issues. But they don’t want to go before the JSC,” Tuju stated.

Despite the gravity of the claims, Tuju maintained that he would not reveal further details about his petition at this stage.

EACC Promises Investigations

The former CS confirmed that while the EACC had not provided a timeline for the investigation, Chairman David Oginde assured him that a probe into the allegations would begin immediately.

Tuju also called on Chief Justice Martha Koome to uphold the rule of law and defend the Constitution, reminding her that she had sworn to protect it.

“Some of the actions taken by Supreme Court judges in recent times are extremely serious as they undermine a constitutional body. If a judge’s conduct is in question, the JSC—chaired by the Chief Justice—is the institution mandated to adjudicate on the matter. Judges should subject themselves to this process rather than blocking the JSC from hearing the case,” he said.

Calls for Investigation into Senior Lawyers

Apart from his battle with the Supreme Court, Tuju also wants Chief Justice Koome to establish a tribunal to investigate Senior Counsels Githu Muigai and Fred Ojiambo over alleged misconduct in his Sh4.5 billion loan dispute with the East African Development Bank (EADB).

Tuju accused the two lawyers of submitting false affidavits in court, which allegedly led to an unfair ruling against him. He now wants them stripped of their Senior Counsel status.

“I pray that you dare to carry out your constitutional duty without fear or favor,” Tuju stated.

A Battle Over Property

Tuju insists that his land has been targeted by fraudsters, including lawyers and auctioneers, who want to seize it illegally. He argues that the false affidavits presented in court were part of a wider scheme to deprive him of his legally acquired property.

“This is a deliberate effort to take away my property, which I acquired over 39 years ago, long before I became a public servant,” he said.

Supreme Court Judges in the Spotlight

Six months after Tuju filed his petition at the JSC in April last year, Deputy Chief Justice Philomena Mwilu and Justices Mohammed Ibrahim, Smokin Wanjala, Njoki Ndung’u, and William Ouko recused themselves from hearing Tuju’s appeal concerning the Sh4.5 billion debt owed to EADB.

Tuju’s petition is among several filed at the JSC in recent months, including complaints by former Law Society of Kenya President Nelson Havi and Senior Counsel Ahmednassir Abdullahi, all accusing Supreme Court judges of misconduct and corruption.

Despite these allegations, the Supreme Court judges moved to the High Court and obtained orders preventing the JSC from proceeding with any hearings until their case is determined.

Will the Judiciary Be Held Accountable?

Tuju’s latest move raises serious questions about judicial accountability in Kenya. If judges can avoid answering to the JSC by seeking court orders, what does that mean for justice in the country?

With growing public outcry over corruption in the Judiciary, all eyes will be on the EACC to see whether Tuju’s complaint leads to real action or becomes yet another case swept under the rug.

Read More: Tuju Calls Out the Supreme Court for Bias and Corruption