Kenya’s judiciary is back in the headlines again following the confirmation by the Judicial Service Commission (JSC) that it has launched probes into bribery allegations against a seated judge charges which erupted on social media over the weekend.
In a release issued on Monday, the JSC acknowledged that it was privy to the claims circulating on social media and told members of the public that it had already opened a formal investigation.
“The Judicial Service Commission has noted allegations of bribing a judge that have been circulating on social media,” the release stated.
“The Commission has initiated investigations into the matter and reaffirms its unshakeable commitment to upholding integrity and enforcing accountability within the Judiciary, in its utmost adherence to the rule of law.”
The storm erupted on Sunday when outspoken lawyer and former Law Society of Kenya (LSK) President, Nelson Havi, went online in droves with allegations that a judge had taken bribes worth millions of shillings to determine the outcome of a case.
The judge supposedly invalidated crucial documents crucial documents central to a criminal prosecution after taking a bribe, Havi alleged.
“Where does he get the authority to render documents filed out of time null and void?” Did any of these judges ever work as practicing lawyers before ascending to the bench?” he quipped, his tone laced with exasperation.
Havi alleged the controversy went even further awry when the person who supposedly paid the bribe subsequently asked for their money back implying that the plot had fallen apart at the seams.
A day later, Havi named a second judge once again, a woman whom he charged with routinely flipping judgments after being approached with bribes.
He described a disquieting pattern: legally sound, clear judgments made in public court, only to be quietly overturned by ensuing procedural sleight of hand.
“She makes a direct decision, and when individuals come before her, she reverses it with a ruling for stay pending appeal,” Havi asserted.
“Sure, we don’t have an RTGS or a cash receipt of the bribe, but the fingerprints are all over the treated notes.”
Havi has since filed a formal complaint with the JSC, together with supporting documents, including the latter from one of the parties purported to be at the center of the bribery letters that are alleged to hold a request for reimbursement.
Despite the accusations not being substantiated, the backlash has been quick to follow, most notably on social media, where Kenyans have shown continued worry regarding the integrity of the country’s court system.
In their release, the JSC stated that it is dedicated to preserving its constitutional obligation under Articles 172 and 168 to safeguard judicial independence, and also ensure judges meet the highest ethical standards of integrity.
“The Commission will address these matters with the seriousness they deserve,” the release continued.
To many Kenyans, the allegations are a severe reminder of outstanding questions regarding corruption in the corridors of justice.
Although the accused judges have not yet been formally named in the JSC’s press release or accused of misconduct, the public gaze is now squarely placed on the Commission and with openness and determination, how it conducts itself in the days ahead.
