NAIROBI, Kenya, Sep 19 – The Judicial Service Commission (JSC) has dismissed allegations by Captain Kungu Muigai that judges were bribed to rule against companies linked to him, terming the claims baseless and misleading.
In a statement, the Commission said none of the petitions filed by Captain Muigai contained any evidence of bribery, adding that his recent video circulating on social media was an unwarranted attempt to discredit the Judiciary and the JSC.
According to the JSC, Captain Muigai lodged five petitions on October 11, 2024, seeking the removal of ten judges of the Supreme Court and Court of Appeal on grounds of gross misconduct. The judges had, at various times, ruled against his companies in disputes dating back to the early 1990s, including the auction of Muiri Coffee Estate in Thika.
The Commission, exercising its constitutional mandate under Article 172, reviewed the petitions and found that they did not meet the threshold for removal of a judge under Article 168.
In a meeting held on July 30, 2025, the JSC resolved that the judges acted within the law and their judicial discretion. Captain Muigai was informed of the decision through five letters dated August 7, 2025.
“It is instructive to note that dissatisfaction with court outcomes is a matter for the appellate process, not for the JSC,” the statement signed by Chief Registrar Winfridah Mokaya read.
The Commission also provided a detailed history of the long-running dispute, which began after Captain Muigai borrowed Sh23.1 million from Kenya Commercial Bank (KCB) in 1992 and defaulted on repayment. KCB moved to sell two properties offered as security, sparking multiple court cases spanning over three decades.
In its account, the JSC noted that several attempts by Captain Muigai to overturn a consent judgment recorded on May 4, 1992, before Justice (Rtd) Githinji had been unsuccessful. Subsequent rulings by the High Court and Court of Appeal repeatedly upheld the consent, with judges dismissing claims of fraud or lack of legal representation.
Most recently, in May 2024, a five-judge bench of the Court of Appeal rejected another attempt to nullify the 1992 consent, ruling that assertions by Benjoh Amalgamated and Muiri Estate were dishonest and contrary to the principles of justice.
“All courts save for Justice Githinji have consistently ruled against Captain Muigai’s companies. The underlying issue remains a straightforward borrower–lender dispute,” the JSC said.
The Commission reiterated that any member of the public with credible evidence of judicial corruption should present it formally for investigation in line with the Constitution and the Judicial Service Act and desist spreading propaganda.
“The JSC remains steadfast in its dual responsibility: upholding judicial accountability and safeguarding the independence of the Judiciary,” the statement read.