Former Cabinet minister Raphael Tuju has sparked a fresh debate over the integrity of the Supreme Court of Kenya (SCoK) through an open letter addressed to Chief Justice Martha Koome.
In the letter, Tuju accuses some Supreme Court judges of judicial misconduct, bias, and unethical behaviour, calling for urgent reforms to restore public trust in the country’s top court.
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Tuju accuses the justices of attempting to shield themselves from accountability by obstructing proceedings at the Judicial Service Commission (JSC).
He asserts that by resisting scrutiny from the JSC, these judges seek to operate with unchecked authority- unlike other members of the judiciary who have been subjected to the commission’s oversight.
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The former Jubilee Party secretary-general also takes issue with what he describes as judicial overreach, arguing that Supreme Court judges have acted with impunity in recent rulings.
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He particularly criticizes the court’s handling of his long-running property dispute involving a 27-acre parcel in Karen, Nairobi.
Tuju claims that five judges issued an unjust ruling allowing his property to be auctioned, with compensation only possible if he wins a future appeal.
He compares this to “executing a person and later attempting to revive them if found innocent”, questioning the morality of such a precedent.
Tuju on “inflammatory language” in the 2022 Presidential Petition Ruling
Beyond his personal legal battles, Tuju also rebukes the Supreme Court for its handling of the 2022 presidential petition.
He condemns the language used by the justices—particularly phrases like “hot air” and “wild goose chase”—as reckless and inflammatory in a highly charged political environment.
“The SCoK should have been more temperate in their language as they carried out a solemn duty while adorning attire similar to what Bishops wear,” he said.
“The judges were pouring petrol into the fire amid a highly inflammable environment, instead of cooling things down by using the right language.”
Drawing historical parallels, the former Jubilee secretary-general warns that such disregard for sensitivity could deepen national divisions, referencing the U.S. Supreme Court’s infamous Dred Scott ruling, which contributed to the American Civil War.
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Call for Judicial Reforms
A particularly explosive allegation in Tuju’s letter involves claims that four of the seven Supreme Court justices have been seen intoxicated in public.
He asserts that videos circulating on social media provide evidence of their misconduct and calls for an investigation into their behavior.
Further, he questions how such figures can demand respect while failing to uphold judicial decorum.
Tuju concludes his letter with a dire warning about Kenya’s fragile state, citing persistent insecurity in regions such as Baringo, Lamu, and West Pokot as indicators of a nation teetering on instability.
He insists that an irresponsible Supreme Court could exacerbate this fragility, stressing that while Kenya can survive a flawed executive or legislature through elections, a judiciary that lacks integrity is far more dangerous due to the lifetime tenure of its judges.
Tuju’s allegations come amid rising dissatisfaction with the Supreme Court, with former Law Society of Kenya President Nelson Havi and Senior Counsel Ahmednasir Abdullahi spearheading petitions to remove all seven justices over claims of corruption and incompetence.
These petitions, alongside Tuju’s accusations, have intensified scrutiny on the judiciary, raising critical questions about its credibility and accountability.
In the letter, the former Cabinet minister appealed to CJ Koome to address his concerns.
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