NAIROBI, Kenya, Mar 22 – Raphael Tuju, the former Secretary General of the Jubilee Party and ex-Cabinet Minister, has written a scathing open letter to Chief Justice Martha Koome, accusing the Supreme Court of Kenya (SCoK) of bias, judicial misconduct, and setting harmful precedents.
The letter, dated March 21, 2025, arrives amid rising tensions and growing calls for the removal of the Supreme Court bench.
Tuju, currently embroiled in a high-profile land dispute in Karen, claims that five Supreme Court judges have made rulings that disregard due process, favoring wealthy financial institutions at the expense of justice.
According to Tuju, these rulings pave the way for banks to auction his property without following the 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 states.
In his letter, Tuju explains that the land in Karen was legally acquired nearly 40 years ago when he was a young journalist and documentary producer. He argues that the property has become the target of individuals who, with the help of the judiciary and corrupt lawyers, are attempting to strip 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.
Tuju accuses the judges of clear bias, asserting that they have made decisions in favor of a bank, even though 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 writes.
Concerns Over Judges’ Conduct
Tuju also raises concerns about the behavior of some Supreme Court judges, alleging that four out of the seven have been seen publicly displaying drunken behavior, questioning the integrity and professionalism of the country’s highest 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.
Beyond 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 such actions could lead to unchecked impunity within the courts.
Tuju draws a parallel to historical events, such as the U.S. Supreme Court’s Dred Scott decision, warning that an irresponsible SCoK could lead Kenya into chaos similar 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 warns.
Tuju emphasizes that his lands in Karen are legally acquired and not public property or the result of illicit wealth. He 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 states.
CJ Koome’s Removal Petition
Meanwhile, a petition has been filed seeking to remove Chief Justice Koome from office over allegations of incompetence. The petition, lodged by lawyer Christopher Rosana in September 2024, follows the Supreme Court’s decision to ban Senior Counsel Ahmednasir Abdullahi from appearing before the court.
A letter from the JSC Secretary and Judiciary Chief Registrar, Winfridah Mokaya, to the lawyer states that the commission is awaiting a response from the Chief Justice.
“The petition was tabled before the commission on January 24, 2025, and after deliberation, it was resolved that the Honourable Chief Justice be requested to submit a response to the petition,” the letter reads.
It further notes, “Please note that the response, once received, will be placed before the commission for further deliberation, and the decision on the petition will be communicated to you.”
The petition is based on Article 168 (d), which allows for the removal of a superior court judge on the grounds of incompetence.