Tuju stresses his case against Supreme Court judges is for the benefit of all Kenyans

Former Cabinet Secretary Raphael Tuju's petition to the Judicial Service Commission (JSC) and a formal complaint against four Supreme Court Judges has raised questions on the integrity of judges and the place of justice in the country.

In an interview with The Eastleigh Voice Reporter Barack Oduor, he exclusively explains why he's upset with the Supreme Court Judges and why his pursuit is in good faith, devoid of political intentions whatsoever.

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Q: What has been your experience with seeking justice in Kenyan courts, especially with this now famous matter that is pitting you against Supreme Court judges whom you are accusing of misconduct?

A: I think we are in a very sorry situation. The Judiciary has got very excellent people but also has got some very crooked people so that very often, the excellent people who are doing their job diligently are overshadowed by the crooked ones.

My experience has been pleasant in some ways but very sad sometimes, especially the Supreme Court; when they were confronted by certain facts, they decided to recuse themselves. By recusing themselves, they will put me out of the seat of justice until the years 2032 and 2036.

The question is, if they can do that to somebody like myself – you know I have been a minister for foreign affairs, communications, and I have held higher offices in this country – so, what will they do with the ordinary folk?

Q: What exactly is the root of your problem with the Supreme Court judges, or let us say the Judiciary?

A: The root of my problems is the fact that I gave 27 hectares of land for a loan as security, which was part of a project, and because the value is very high, it is obvious that somebody at the bank in cahoots with the lawyers, auctioneers and people in the Judiciary wanted to get hold of this land because land in Karen is very expensive.

I tried several times to pay up, but they would move the goal posts. they started with 9 million dollars, then they jumped to 12 million dollars and later 15 million dollars. They would claim there were legal fees, auctioneers' fees, interests, penalties and so forth.

So if they could do that to me, someone like myself with so much knowledge of this country – remember I had some of the best lawyers that this country can offer – and they could still try to do that to me, then the question is, what happens to ordinary Kenyans?

That was the negative side; the positive side is that I still have my properties thanks to stay orders by certain judges who saw through this particular conspiracy, and I am hopeful that I will prevail in the end.

Q: Does this mean that sometimes certain officials of the Judiciary are themselves a stumbling block to access to justice?

A: The frustrations Kenyans go through because of dishonesty and the thuggery in the Judiciary among certain lawyers in cahoots with auctioneers and corrupt ministry of land officials is crazy, and many Kenyans have gotten into depression. I believe you saw the case of the Kenyan who tried to set himself ablaze, fortunately, he survived it.

We have also had a case where a magistrate was shot. We still do not know the reason for this. We have situations where people get into depression, and they die when their lifetime of toil, work and investment is taken out of them by unscrupulous persons.

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In my case, I have made the decision that I will fight back. Remember, there are very many people who come to me with similar problems they are facing with the courts.

Q: How bad is obstruction to justice in the Judiciary, especially the Supreme Court? Are complaints filed before JSC expedited as expected?

A: It is worse than that, especially in the case of the Supreme Court, I tell you. It is not only that they want to be the ones who decide the cases against them, but they have also refused to respond to complaints before the Judicial Service Commission, and they are undermining or disobeying the JSC.

Let me put it this way, if you are unhappy with the president, you wait for five years and you vote them out; and if you are unhappy with an MP, a senator or a governor, you also wait for five years and vote them out, and for the Judiciary officials like judges, they have security of tenure, which means they don't go for elections. So, the JSC is the one which was set up as a constitutional body to provide checks and balances in an event that there is an overreach so that they can answer to an institutional framework.

What is interesting is that the Supreme Court is represented in the JSC by two judges; when they are asked to respond to complaints, the JSC has a system of ascertaining which complaints are valid and which ones are a waste of time.

When I filed my complaints a year ago, the JSC investigated and found grounds to write to the judges. They do not want to respond. Why? Because the complaints have got evidence and they cannot run away from it. If they are to respond, they will either say that I am lying or agree that they made a mistake. They have this attitude that they are gods, they do not want to respond; it is why they have gone to their juniors to seek reprieve.

Q: When senior judges seek reprieve from their juniors in lower courts, does such a situation cause legal quagmires?

A: The Constitution does not envision a situation where Supreme Court judges can go to the junior judges for redress. It is automatic that the juniors will feel intimidated. The law only envisions that the Supreme Court Judges will go through JSC when there are complaints against them.

Q: Are your complaints against the judges politically motivated so they get removed from office?

A: Let me correct this impression. In my complaint to the JSC, I did not ask for the judges to be removed, I just asked that the JSC look at my complaints and decide what action to take. It is not in my pleadings that they get removed, that is the choice and work of JSC.