Supreme Court Faces Crisis as 10 Judges Risk Removal Over Juja Land Row
The Kenyan Judiciary faces a potential crisis following a petition to remove 10 senior judges accused of misconduct in a high-profile dispute over a 443-acre Juja property valued at over Sh3 billion.
The petition, filed by Kungu Muigai, chairman of the Kenya Cultural Centre Council, and his brother, former Gatundu MP Ngengi Muigai, alleges gross misconduct in handling a decades-long case involving the land.
The dispute stems from a 1988 Sh23 million loan by Benjoh Amalgamated, backed by a USAID-supported floriculture project. As collateral, Benjoh offered parcels in Nyandarua, while the Muigais’ Muiri Coffee Estates guaranteed the loan with the Juja land. The loan defaulted amid claims KCB Bank withheld crucial funds, triggering a legal saga spanning 25 cases across the High Court, Court of Appeal, and Supreme Court.
KCB auctioned the property in 2007 to Bidii Kenya Ltd for Sh70 million, despite the Muigais valuing it at Sh1.3 billion. The brothers argue the sale was grounded on a fraudulent 1992 consent order permitting the auction.
“Petitioners herein plead for an investigation into the conduct of the judges in this matter and their subsequent removal… for upholding and affirming a non-existent purported judgment,” the Muigai brothers stated.
The petition implicates four Supreme Court judges, risking the court’s operational quorum, alongside six Court of Appeal judges. Senior Counsel Paul Muite argued the case rested on a non-existent document, emphasizing, “Courts of law are courts of record, and without a record, a party cannot execute any judgment.”
The Directorate of Criminal Investigations (DCI) is probing allegations of forgery, bribery, and conspiracy linked to the disputed consent order. Records from the Law Society of Kenya revealed that G.K. Meenye, listed as Benjoh’s lawyer in 1992, lacked a practicing certificate at the time. Meanwhile, KCB has denied any wrongdoing.
The Muigais insist they paid KCB Sh6 million in partial debt repayment, disputing subsequent demands for Sh44.3 million. The Judicial Service Commission, which received the petition, declined to comment, terming the matter “confidential.”
The unfolding case could severely impact judicial operations, sparking a broader debate on accountability within Kenya’s legal system.
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Supreme Court Faces Crisis as 10 Judges Risk Removal Over Juja Land Row
