Former Cabinet Secretary Raphael Tuju has urged Chief Justice Martha Koome to form a tribunal to investigate senior lawyers Fred Ojiambo and Professor Githu Muigai over alleged professional misconduct in his Sh 4.5 billion loan dispute case with a city bank.
The case centers around the auction of Tuju’s 27-acre property in Nairobi’s upscale Karen area which he believes was unlawfully facilitated by fraudulent affidavits submitted to the Supreme Court by the two lawyers.
Ojiambo and Muigai, who have been representing the East African Development Bank (EADB) are accused of creating and submitting false affidavits from witnesses to the Supreme Court in the legal battle involving a Sh 4.5 billion property auction loan case against Tuju, which led to his defeat in the case last year.
In a detailed open letter to the Chief Justice, Tuju argues that Ojiambo and Muigai, both distinguished Senior Counsel, engaged in professional misconduct in relation to the filing of affidavits.
He reveals that these affidavits, which were later recanted at the High Court by the bank’s witnesses left him vulnerable in the legal proceedings. However, no consequences have yet been imposed on the lawyers involved.
In his letter, Tuju called on the Chief Justice to set up a tribunal to investigate the lawyers on the allegations of gross professional misconduct and have them tripped off the titles of Senior Counsels.
“I pray that you have the courage to carry out your constitutional duty without fear or favor,” Tuju states, urging Koome to take decisive action against Ojiambo and Muigai involved.
Tuju insists that the false affidavits were a deliberate effort to deprive him of his property, which he acquired legally over 39 years ago, long before he became a senior public servant.
“None of my Karen lands are grabbed public land or bought with stolen money,” he said.
Tuju, a former TV journalist, bought the land in stages, initially acquiring 2.5 acres when the land was sold at just Sh100,000 per acre.
Over time, he borrowed from the National Bank of Kenya and Kenya Commercial Bank to expand his holdings.
He claims his land has become the target of a fraudulent scheme by unscrupulous individuals, including lawyers and auctioneers, who are attempting to seize it.
“My property has been at the center of a concerted effort by individuals hiding behind the EADB, the Judiciary, some crooked law firms, and auctioneers,” Tuju states in the letter.
The dispute began when the EADB sought to auction Tuju’s property to recover a loan.
Tuju’s letter, which was sent on March 21, 2025, also criticizes the Supreme Court of Kenya (SCoK) for its role in his case particularly focusing on the actions of five Supreme Court judges who he claims violated legal procedures and displayed bias.
The crux of Tuju’s grievance lies in the conduct of the five Supreme Court judges that escalated in 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 concerning a Sh 4.5 billion debt owed to the East African Development Bank (EADB).
This unprecedented move came after Tuju accused the judges of bias and lacking impartiality, leading them to conclude that their continued involvement would not serve the ends of justice.
“They needed not to recuse themselves,” Tuju told CJ Koome. “The case before them had collapsed because the affidavit before them had been recanted. Hence their ‘clever’ move to recuse themselves.”
Another of his main points of contention is the ruling by the court that allowed the auction of his land, a decision Tuju decries as unjust and inconsistent with the facts of the case.
He criticized the court’s ruling, which suggested that the bank could compensate him later if he won the case, calling it a dangerous precedent.
“The court allowed the auction of my property, even though there was no legal basis for doing so. Furthermore, they made an outrageous statement that the bank, being wealthy, could compensate me later if I won my case. This is a dangerous precedent that undermines the legal principle of fairness,” Tuju argued.
He expressed disbelief at such rulings, describing them as morally corrupt and legally indefensible.
In his letter, Tuju also accused the Supreme Court judges of bias and misconduct, pointing out that they had refused him the opportunity to present a rejoinder, a right guaranteed by the constitution.
He claims that these judges also dismissed critical evidence, including claims that documents had been illegally obtained from the East African Development Bank (EADB) offices.
Investigations by the Directorate of Criminal Investigations (DCI) later revealed these allegations were false, further fueling Tuju’s belief that the judicial process had been manipulated.
Tuju further highlighted what he described as a “culture of impunity” within the judiciary accusing the country’s top judges of failing to live up to professional standards.
He claims that some judges have been seen intoxicated in public, setting a poor example for the younger generation of legal professionals.
This, he said, undermines the public’s trust in the judiciary, which plays a crucial role in maintaining the rule of law and justice in Kenya.
In his letter, Tuju recounted his efforts to seek justice through the Judicial Service Commission (JSC) noting that he had previously reported multiple violations by the five Supreme Court judges involved in his case.
However, despite his efforts, he claimed that no meaningful action had been taken against the judges to date.
“The JSC has yet to hold the judges accountable for their actions, and I believe it is time to take further steps to ensure justice is served,” he said.
Tuju called for an immediate investigation into the conduct of the five Supreme Court judges involved in his case, believing their actions could undermine the rule of law and public trust in the judiciary.
Tuju’s letter extends beyond the personal allegations and calls for wider reforms within the judiciary.
He believes the integrity of Kenya’s legal system is at risk and warned that the country could descend into chaos if steps are not taken to ensure that the judiciary remains accountable and transparent.
“A rogue judiciary is a danger to the entire country. If the rule of law is not upheld, then our nation is at risk,” Tuju warned.
He also referenced the legal consequences of the Supreme Court’s handling of the 2022 presidential election petition particularly the controversial language used by the judges in their ruling.
The decision which dismissed the petition challenging the election results, included statements such as “hot air” and “wild goose chase,” which Tuju believed exacerbated national tensions.
“In a country already divided by ethnic and political rifts, the language used by the Supreme Court was reckless,” he said.
In addition to his call for a tribunal, Tuju also reveals in the letter to the CJ that he has petitioned the Law Society of Kenya (LSK) Senior Counsel Committee to strip Ojiambo and Muigai of their titles as Senior Counsel accusing them of flagrant misconduct.
“Their actions have not only harmed me but have also tainted the integrity of the legal profession,” Tuju stated.
