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JSC Dismisses Bribery Allegations by Captain Kungu Muigai

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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 released on Friday, the Commission said none of the petitions filed by Captain Muigai contained any evidence of bribery. It described his recent video circulating on social media as an unwarranted attempt to discredit both the Judiciary and the JSC.

According to the Commission, Captain Muigai lodged five petitions on October 11, 2024, seeking the removal of ten judges of the Supreme Court and Court of Appeal over rulings against his companies in disputes dating back to the early 1990s, including the auction of Muiri Coffee Estate in Thika.

Exercising its constitutional mandate under Article 172, the JSC reviewed the petitions and found they did not meet the threshold for removal of a judge under Article 168. At a meeting held on July 30, 2025, the Commission resolved that the judges acted within the law and their judicial discretion. Captain Muigai was formally notified of the decision through 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,” Chief Registrar of the Judiciary, Winfridah Mokaya, said in the statement.

The Commission further outlined the history of the dispute, tracing it back to a Sh23.1 million loan borrowed from Kenya Commercial Bank (KCB) in 1992, which Muigai defaulted on. The bank subsequently sold properties offered as security, sparking court cases that have spanned over three decades.

Several attempts by Muigai to overturn a consent judgment recorded on May 4, 1992, before Justice (Rtd) Githinji have failed, with both the High Court and Court of Appeal repeatedly upholding the consent. In May 2024, a five-judge bench of the Court of Appeal rejected another bid to nullify the judgment, describing claims by Benjoh Amalgamated and Muiri Estate as 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 members of the public with credible evidence of judicial corruption should submit it formally for investigation in line with the Constitution and the Judicial Service Act, warning against the spread of propaganda.

“The JSC remains steadfast in its dual responsibility: upholding judicial accountability and safeguarding the independence of the Judiciary,” the statement concluded.

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