Tuju wants Koome to form tribunal to probe lawyers in Sh4.5b loan case

Former Cabinet Secretary Raphael Tuju wants Chief Justice Martha Koome to form a tribunal to investigate senior lawyers Fred Ojiambo and Prof Githu Muigai over alleged professional misconduct in his Sh4.5 billion loan dispute with a city bank. 

The case involves the auction of Tuju’s 27-acre property in Karen, Nairobi, 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 Sh4.5 billion property auction loan case against Tuju, which led to his defeat in the case last year.

In a letter to the Chief Justice, the former CS argues that Ojiambo and Muigai, allegedly engaged in professional misconduct in relation to the filing of affidavits.

He reveals that the affidavits, which were later recanted at the High Court by the bank's witnesses left him vulnerable in the legal proceedings. However, there have been no consequences for the lawyers involved.  

Tuju wants the CJ to set up a tribunal to investigate the lawyers over allegations of gross professional misconduct and have them stripped of the title of Senior Counsel.

“I pray that you have the courage to carry out your constitutional duty without fear or favor,” he says.

The former CS 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, initially acquired 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 property.

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.

The former CS’s letter, which was sent on March 21, 2025, also criticises the Supreme Court of Kenya’s role in his case particularly the actions of five judges who he claims violated legal procedures and displayed bias.

In October 2024, Deputy Chief Justice Philomena Mwilu, Justices Mohammed Ibrahim, Smokin Wanjala, Njoki Ndung'u, and William Ouko recused themselves from hearing the former CS’s appeal concerning a Sh4.5 billion debt owed to the 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."

He contends that the court ruling that allowed the auction of his land, was unjust and inconsistent with the facts of the case.

Tuju criticises 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 argues.

He expressed disbelief at such rulings, describing them as morally corrupt and legally indefensible.

In his letter, Tuju also accuses the Supreme Court judges of bias and misconduct, pointing out that they denied him the opportunity to present a rejoinder, a right guaranteed by the Constitution. 

He argues that the judges dismissed critical evidence, including claims that documents had been illegally obtained from the 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.

The former CS 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 get intoxicated in public, setting a bad example for the younger generation of legal professionals. 

This, he says, 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) saying that he had previously reported violations by the five Supreme Court judges involved in his case. 

However, despite his efforts, he alleges 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 sys.

Tuju calls for an immediate investigation into the conduct of the five Supreme Court judges involved in his case, claiming that their actions could undermine the rule of law and public trust in the judiciary.

The former CS’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 warns

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 ruling included statements such as “hot air” and “wild goose chase,” which Tuju believes exacerbated national tensions. 

“In a country already divided by ethnic and political rifts, the language used by the Supreme Court was reckless,” he says.

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 says.