Former Rarieda MP and ex-Cabinet Minister Raphael Tuju has penned a strongly worded letter to Chief Justice Martha Koome, warning that certain actions by Supreme Court judges could destabilize the country.
In the letter, dated March 21 and seen by Kahawa Tungu, Tuju draws parallels between the Supreme Court of Kenya (SCoK) and the infamous 1857 U.S. Supreme Court ruling in Dred Scott v. Sandford, which exacerbated tensions leading to the American Civil War.
Tuju warns that judicial recklessness, particularly in highly sensitive matters, could plunge Kenya into chaos.
He cites historical precedents, including the devastating consequences of the Dred Scott decision, which resulted in a civil war that claimed 4.7 million lives due to conflict, disease, and famine.
He urges the Judiciary to exercise caution, wisdom, and fairness in its rulings, emphasizing the need for judicial officers to act responsibly, especially in a nation grappling with deep political and ethnic divisions.
Concerns Over Supreme Court’s Conduct
Tuju criticizes some Supreme Court judges for making public statements on ongoing cases, actions he claims undermine judicial impartiality.
He argues that while the Judiciary is a vital pillar of democracy, its independence must be exercised with restraint and respect for the rule of law.
According to him, the court’s handling of the 2022 presidential petition exemplified judicial recklessness, particularly in the language used in its ruling. He condemns the use of phrases such as “hot air” and “wild goose chase” in dismissing the petition, asserting that such remarks only served to inflame an already polarized country.
“The Supreme Court should have chosen words that de-escalated tensions rather than pouring petrol into the fire,” Tuju states.
He warns that Kenya remains a fragile state with regions experiencing chronic insecurity, citing Baringo, West Pokot, Turkana, Lamu, and Mandera as examples of areas where governance structures are weak and lawlessness thrives.
Threats to National Stability
Tuju cautions that Kenya is not immune to failure, noting that several East African countries—including Somalia, South Sudan, and the Democratic Republic of Congo—have collapsed into chaos.
He argues that judicial impunity could accelerate Kenya’s descent into turmoil, especially given the country’s high poverty levels and the overwhelming youth unemployment crisis.
He expresses concern that some Supreme Court judges are attempting to shield themselves from oversight by the Judicial Service Commission (JSC), which he believes contradicts the principles of accountability. “When SCoK judges attempt to block JSC proceedings, it suggests they seek impunity,” Tuju states.
Furthermore, he accuses some judges of public intoxication, questioning their credibility and fitness to serve.
“It is in the public domain that some four out of seven Supreme Court judges have been seen drunk in public. What example are they setting for junior judges and aspiring legal professionals?” he asks.
Land Dispute and Allegations of Judicial Bias
Tuju also details his long-standing legal battle over a 27-acre land parcel in Nairobi’s Karen area.
He alleges that certain individuals within the Judiciary, alongside corrupt law firms and auctioneers, have conspired to dispossess him of his property.
He denies any wrongdoing in acquiring the land, stating that he began purchasing land in Karen in his 20s while working as a journalist and documentary producer.
According to Tuju, the Supreme Court has acted in favor of his adversaries by issuing biased rulings.
He cites one instance where judges ruled that his property could be auctioned, arguing that if he eventually won the case, the bank could compensate him—an analogy he likens to an execution before trial.
Additionally, he accuses senior lawyers Fred Ojiambo and former Attorney General Githu Muigai of professional misconduct, alleging that they fabricated affidavits in a case involving the East African Development Bank (EADB).
He urges Chief Justice Koome to take action against them, including stripping them of their Senior Counsel status.
In his letter, Tuju urges the Chief Justice to take decisive action in ensuring judicial integrity.
While acknowledging that she may not have direct control over the Supreme Court judges, he insists that the JSC should hold them accountable for any misconduct.
He concludes by calling on the Judiciary to uphold its duty with integrity, warning that failure to do so could lead Kenya down a dangerous path.
“The Judiciary must not add fuel to a fire that could engulf our country,” he states.
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