Former Cabinet Secretary Raphael Tuju has raised serious concerns about the conduct of five Supreme Court judges in a letter addressed to Chief Justice Martha Koome. Dated March 21, 2025, the letter questions the judges' professionalism, citing their role in upholding the rule of law, ensuring fair trials, and protecting the Constitution.
Tuju referenced the 2022 presidential petition, warning that the country was nearly pushed into chaos due to the judges’ choice of words, including "hot air" and "wild goose chase." He criticized their approach, stating, "The SCoK should have been more temperate in their language as they carried out a solemn duty while adorning attire similar to what Bishops wear."
He further accused the judges of fueling tensions rather than easing them, remarking, "The judges were pouring petrol into the fire amid a highly inflammable environment, instead of cooling things down by using the right language."
Beyond judicial conduct, Tuju pointed to social media videos allegedly showing four out of seven Supreme Court judges in a drunken state while engaging with the public. "If you are in doubt, I can send you some videos currently circulating in the social media with some SCoK judges making incoherent statements in their drunken stupor. Then they have the audacity to demand respect from us," he said.
Highlighting Kenya’s vulnerability to instability, Tuju cautioned that the country is not exempt from chaos. He noted that three of the top ten failed states globally belong to the East African Community. Citing fragile security situations in Baringo, West Pokot, Turkana, Lamu, and Mandera, he warned of the country's precarious position. "On fragility, we are just better than Uganda but way worse than Rwanda, Tanzania, and Zambia according to some credible classifications of fragile and politically unstable states," he added.
Tuju also drew historical parallels, referencing the 1857 U.S. Supreme Court ruling in the Dred Scott case, which upheld slavery and contributed to the American Civil War.
The former CS linked his concerns to his ongoing legal dispute with the East African Development Bank (EADB) over a contested 27-acre parcel of land in Karen. He alleged that his case had escalated into a conflict with five Supreme Court judges, whom he accused of bias and procedural violations.
Claiming to have legally acquired the land, Tuju suggested that individuals within the judiciary were driving the case under the pretense of representing the bank. He called on Chief Justice Koome to address his grievances, urging judicial acccountability.
