The Judiciary has dismissed bribery allegations made by Captain (Rtd) Kung’u Muigai in a long-standing bank loan case.
Judiciary spokesperson Paul Ndemo said on Wednesday that no credible evidence had been provided to support the claims. He described the allegations as unfair, especially since some of the judges mentioned have already retired or passed away.
Case Stemming from 30-Year Loan Dispute
The dispute dates back more than three decades to a bank loan secured with land. After a default, the matter was settled in court through a consent judgment. The borrower admitted the debt and agreed to repay within a set timeline.
When repayment failed, the lender moved to recover the security. Borrowers responded by filing a series of cases aimed at blocking enforcement. However, the courts repeatedly dismissed these suits, saying the matter had already been settled.
Courts Emphasize Finality
In 1998, the Court of Appeal confirmed the consent order as valid and binding. Judges ruled that no fraud or unlawful action had been proven and stressed that litigation must come to an end.
Despite this, fresh cases were filed in later years in the High Court, Court of Appeal, and even the Supreme Court. All were dismissed as res judicata, meaning the issue had already been decided.
In 2018, the Court of Appeal noted that more than 14 suits had been filed over two decades. The judges described the endless litigation as “worrying.”
Judiciary Counters Bribery Allegations
On Tuesday, Muigai alleged that judges who ruled against him were bribed, while those who sided with him were not. He even named several judges across different courts.
But Ndemo stressed that dissatisfaction with rulings is not proof of corruption. He added that similar complaints had been reviewed by the Judicial Service Commission (JSC) in the past and found to lack evidence.
“The Judiciary treats graft claims seriously. But unfounded allegations only weaken public confidence in our courts,” Ndemo said.
