The Judiciary has strongly dismissed recent allegations made by Captain (Rtd.) Kung’u Muigai regarding alleged judicial misconduct in the long-running legal dispute between Benjoh Amalgamated Ltd and Muiri Coffee Estate Ltd against Kenya Commercial Bank (KCB).
In an official statement issued by Judiciary Spokesperson Hon. Paul Ndemo, the Judiciary categorically denied any wrongdoing by the judges who handled the cases, stating that no credible evidence has ever been presented to support the claims.
“Purporting to bring forward evidence years after some of the judges have retired or passed away is not only baseless but reeks of malice and a hidden agenda,” the statement read.
The dispute dates back to 1989 when KCB granted a loan facility to Benjoh Amalgamated Ltd, secured by properties belonging to the company and further guaranteed by Muiri Coffee Estate Ltd’s 443-acre farm.
Following a loan default, KCB moved to recover the debt.
A consent order was recorded in 1992 before Justice Erastus Githinji (as he then was), in which Benjoh admitted liability and committed to repaying the loan by July 31, 1992. The failure to repay led KCB to initiate property auctions.
Over the years, the borrowers repeatedly filed court cases to halt the sale of their properties.
These suits were dismissed by various courts, all citing the validity of the original 1992 consent order.
In 1998, the Court of Appeal upheld the consent as legally binding and dismissed claims of fraud or illegality, effectively bringing the matter to a legal conclusion.
Despite the 1998 ruling, the borrowers continued filing numerous suits across the High Court, Court of Appeal, and Supreme Court.
These were all dismissed as res judicata a legal principle that bars reopening of cases already conclusively decided.
By 2018, at least 14 related suits had been filed and dismissed.
The Court of Appeal, in Civil Application No. 40 of 2018, condemned the continued litigation as vexatious and an abuse of court process.
“The courts have consistently applied established legal principles: respect for consent judgments, the enforceability of security agreements, and finality in litigation,” the Judiciary noted.
Hon. Ndemo further criticized Capt. (Rtd.) Muigai for claiming that all judges who ruled against his companies were bribed, while those who ruled in his favor were not.
He named 17 Court of Appeal judges and one High Court judge, accusing them without presenting proof.
“These sweeping and defamatory allegations are both irresponsible and unfounded,” the statement said. “Dissatisfaction with a court ruling does not amount to evidence of corruption.”
The Judiciary also confirmed that the Judicial Service Commission (JSC) had received and reviewed related complaints but found no credible evidence to support any claims of judicial misconduct.
“The Judiciary treats all corruption allegations with utmost seriousness,” the statement concluded.
“However, undermining judicial independence through baseless claims only erodes public confidence in the justice system.”
Citizens were encouraged to seek legal redress through proper and lawful channels if aggrieved, and not to resort to misinformation or public smear campaigns.
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