Four senior Kenyan Supreme Court judges are under scrutiny after a petition alleging corruption and improper conduct was submitted to the Judicial Service Commission (JSC). The filing, led by losing Wajir gubernatorial election petitioners Ahmed Abdullahi and Ahmed Muhumed Abdi, accuses Justices Jackton Ojwang’, Mohamed Ibrahim, Smokin Wanjala, and Njoki Ndung’u of gross misconduct, including alleged bribery to secure a favorable ruling.
The petition, reviewed by the Sunday Nation, details multiple financial transactions involving over Sh390 million linked to the judges. It claims that a sitting MP and a chief administrative secretary from northern Kenya facilitated communications with two judges, allegedly to secure bribes in exchange for influencing the outcome of the Wajir election appeal. The petition references a 2016 case involving retired Judge Philip Tunoi, who faced similar allegations of accepting Sh200 million from a former Nairobi governor.
Specific allegations include a Sh75 million cash transfer at Jomo Kenyatta International Airport in September 2018, where a lawyer allegedly handed money to a judge via a vehicle exchange. Another transaction involved a Sh300 million transfer through a law firm linked to Wajir County, with funds later distributed to judges. The petition also claims attempts to tamper with communication records and a separate Sh15 million transaction in February 2019.
The petitioners argue the Supreme Court’s decision to uphold Wajir Governor Mohamed Abdi’s election was influenced by these alleged bribes. They cite procedural irregularities, including the court’s acceptance of new evidence in the appeal and restrictions on cross-examination. The judges’ majority ruling was opposed by Chief Justice David Maraga and Justice Isaac Lenaola, while Deputy Chief Justice Philomena Mwilu did not participate.
Governor Abdi’s legal team has denied the allegations, calling them "sour grapes" after their loss. Lawyer Nelson Havi stated the claims lacked foundation and were filed too late. The JSC, which is already investigating 12 judges, must now assess the petition’s validity. If deemed credible, a tribunal could be formed to determine whether the accused judges should face removal.
The case has intensified scrutiny of Kenya’s judiciary, which faces ongoing challenges to its public credibility. The JSC’s handling of the petition will be critical in addressing allegations of judicial integrity and transparency.
