Tuju Slams Supreme Court’s Conduct, Warns of Kenya Becoming a Failed State
Raphael Tuju has issued a stern warning about the conduct of the Supreme Court, cautioning that Kenya risks becoming a failed state if judicial irresponsibility continues. In his third open letter to Chief Justice Martha Koome, Tuju condemned what he termed “outrageous rulings” by five Supreme Court judges in a legal dispute over a 27-acre property in Karen, Nairobi.
Dated March 21, 2025, Tuju’s letter expresses grave concerns about the judiciary’s handling of his legal battle with the East African Development Bank (EADB). He accuses the Supreme Court of recklessness, drawing parallels between Kenya’s current judicial state and the infamous 1857 US Supreme Court Dred Scott ruling, which upheld slavery and fueled the American Civil War. According to Tuju, a judiciary that operates irresponsibly can destabilize a nation, particularly a fragile one like Kenya, which he describes as a “geographical phenomenon” rather than a unified state.
Tuju specifically criticizes the language used by the Supreme Court judges during the 2022 presidential election petition, arguing that phrases like “hot air” and “wild goose chase” exacerbated political tensions. He asserts that their conduct in legal proceedings has set a dangerous precedent that threatens the rule of law and public trust in the judiciary.
The heart of Tuju’s grievance lies in the events of October 2024, when five judges—Deputy Chief Justice Philomena Mwilu, Justices Mohammed Ibrahim, Smokin Wanjala, Njoki Ndung’u, and William Ouko—recused themselves from hearing his appeal regarding a Ksh4.5 billion debt dispute with EADB. Their withdrawal followed Tuju’s accusations of bias and partiality, which they claimed compromised their ability to deliver justice.
In his letter, Tuju alleges that the judges have repeatedly violated court procedures, including dismissing his evidence without just cause and denying him his constitutional right to a rejoinder. He condemns their decision to allow his property to be auctioned, arguing that it is both immoral and legally unprecedented. “The law cannot be the foundation of morality,” he asserts. “It is the other way around—morality is the foundation of good law.”
Tuju also criticizes the judges for allegedly attempting to undermine the Judicial Service Commission (JSC). He claims that they sought to block JSC proceedings where he had filed complaints against them and labeled their recusal from his case as an unprecedented act within Commonwealth judicial history. “They did not need to recuse themselves,” Tuju wrote to Koome. “The case before them had already collapsed due to the recanted affidavit. Their ‘clever’ move to step aside was unnecessary.”
Beyond his personal legal battle, Tuju warns that the entire nation is at risk if judicial misconduct persists. He cites the fragile states of Somalia, South Sudan, and the Democratic Republic of the Congo as examples of how nations can descend into chaos when institutions fail. He contends that while a country can endure a weak executive or legislature, a corrupt judiciary is far more dangerous due to judges’ security of tenure and the difficulty of holding them accountable.
In his closing remarks, Tuju urges Chief Justice Koome to take decisive action against judicial malpractice. He expresses hope that she will demonstrate the courage needed to restore integrity in Kenya’s judiciary, cautioning that failure to do so could have dire consequences for the nation’s stability.
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Tuju Slams Supreme Court’s Conduct, Warns of Kenya Becoming a Failed State
