Former Cabinet Secretary Raphael Tuju has accused Supreme Court of Kenya judges of bias and irresponsibility in handling key cases, citing their language in the 2022 presidential petition ruling and their conduct in cases involving Dari Ltd.
In an open letter to Chief Justice Martha Koome, Tuju questioned the impartiality of some Supreme Court judges, alleging they have engaged in public discussions on active cases before the High Court and the Judicial Service Commission (JSC).
He claimed this undermines judicial integrity.
“The Supreme Court judges are behaving as if they are infallible, discussing matters in public that are before the High Court and JSC. What should mere mortals like me do when they do this?” said Tuju.
He criticised the court’s handling of the 2022 presidential petition, arguing that its dismissal used inappropriate language that inflamed an already divided nation. He specifically took issue with the court’s reference to the petition as “hot air” and a “wild goose chase.”
“The Supreme Court had the right to rule as they saw fit, but in a divided country, they should have chosen words more carefully,” noted Tuju. “Instead, they poured petrol onto a fire in a highly inflammable environment.”
Tuju warned that Kenya remains fragile and could become a failed state if its institutions, including the Judiciary, do not uphold fairness. He referenced the 1857 U.S. Supreme Court ruling in Dred Scott v. Sandford, which he said contributed to the American Civil War.
“An irresponsible Supreme Court can make a country burn. History is filled with examples of such failures,” he said.
He also raised concerns over cases before the Senior Counsel Committee, which Koome chairs, involving senior lawyers Fred Ojiambo and former Attorney General Githu Muigai. Tuju alleged that Ojiambo and Muigai were involved in manufacturing false affidavits, which have since been recanted in court. He further accused Muigai of a conflict of interest regarding the East African Development Bank (EADB) Act, which the High Court in Machakos declared unconstitutional on Thursday.
“When five Supreme Court judges saw things going south as affidavits before them were recanted, they did something rather ‘clever’—they recused themselves. This move has no precedent in Commonwealth jurisprudence,” said Tuju.
