Petition Filed to Remove Chief Justice Koome Over Alleged KSh825M Judicial Bribery in KCB Property Dispute

By Richard Munguti

 A fresh petition seeking the removal of Chief Justice Martha Koome, alongside four Supreme Court judges and six Court of Appeal judges, has been filed with the Judicial Service Commission (JSC), alleging a far-reaching judicial corruption scandal involving the loss of a Sh7 billion coffee estate in a decades-old legal dispute.

Retired military officer Captain Kung’u Muigai, director of Benjoh Amalgamated Ltd, is at the centre of the explosive petition, claiming that bribes totaling over KSh825 million were paid to top members of the judiciary to influence rulings in favor of Kenya Commercial Bank (KCB). The dispute revolves around the auction of the 443-acre Muiri Coffee Estate, which Muigai says was fraudulently sold for Sh70 million.

Muigai alleges that multiple courts, including the Supreme Court, relied on a non-existent consent judgment dated May 4, 1992 to dismiss his case as res judicata—a legal doctrine meaning the matter had already been settled. According to Muigai, no such judgment was ever filed in court records.

Judges Named in Petition

The petition, officially received by the JSC on August 19, 2025, names Chief Justice Koome, and Supreme Court judges Mohammed Ibrahim, Njoki Ndung’u, Isaac Lenaola, and William Ouko for alleged gross misconduct and corruption.

Also listed are six Court of Appeal judges: Daniel Musinga (President of the Court of Appeal), Sankale ole Kantai, Milton Makhandia, Kathurima M’Inoti, John Mativo, and Francis Tuiyot.

Bribery Allegations

Muigai claims that:

• A USD 3.5 million (KSh451.5 million) bribe was paid through an offshore Jersey account by the husband of former Deputy Chief Justice Kalpana Rawal, allegedly benefiting the Supreme Court bench that ruled against him.
• A five-judge appellate bench allegedly received USD 2.5 million (KSh322.5 million) in exchange for a ruling dismissing a review application.
• Retired judge GBM Kariuki purportedly received a KSh50 million bribe to deliver a ruling declaring the matter already decided (res judicata), despite one of the judges on the bench, Daniel Musinga, reportedly being in India at the time of judgment.
• Supreme Court judge Isaac Lenaola is alleged to have received KSh1 million from a prominent law firm involved in the case.

Muigai further claims that the 1992 consent judgment cited in nearly every ruling in the case was never produced in court, and was falsely relied upon to justify the sale of the Muiri estate.

“Justice Must Be Seen to Be Done”

In his letter to the JSC dated August 22, 2025, Muigai pleaded to testify in camera and offer evidence, including testimonies from a prominent businessman, Chris Musau, and a former employee of a law firm allegedly involved in the transactions.

“The court record is clear: there is no filed consent order dated May 4, 1992. Yet multiple judges—at every level—have cited this document to deny me justice,” Muigai wrote.

He accuses the judiciary of enabling KCB to unjustly auction his family's property despite the presence of other parcels of land given as security for the 1989 loan—land he says was sufficient to cover the debt.

JSC Response and Rejection

The Judicial Service Commission had previously dismissed similar petitions by Muigai, stating that the complaints “did not meet the constitutional threshold for the removal of judges under Article 168” and that the judges “acted within the scope of their legal mandates.”

Muigai now argues that the petitions were reviewed without his input, and is demanding a public and transparent hearing, similar to judicial accountability processes in other countries like South Africa.

Alleged Land Grab

In a new twist, Muigai claims that the Shah community, led by industrialist Vimal Shah, is involved in a scheme to relocate from Parklands to Mang’u, acquiring multiple farms in the area—including Muiri. He alleges that Sh500 million has been exchanged in furtherance of this “hostile takeover,” and that the Directorate of Criminal Investigations (DCI) is currently investigating Shah's involvement.

What Next?

Muigai is urging the JSC to reopen all previously dismissed petitions and initiate proceedings to remove the named judges. He claims that if granted an opportunity to present his evidence, he will “reveal the full scale of judicial dishonesty and corruption” that has plagued his case for over three decades.

At the heart of his grievance is a single question: “If the 1992 consent judgment exists, why has no court ever produced it?”