PLO Lumumba slams Judiciary, joins calls for overhaul of Supreme Court amid graft claims

Former Ethics and Anti-Corruption Commission (EACC) chair PLO Lumumba has raised concerns over the state of Kenya’s Judiciary, calling for urgent reconstitution of the Supreme Court amid allegations of judicial corruption and conflict of interest.

Speaking on Monday during an interview with NTV, Lumumba described the current state of the Judiciary as “pathetic,” lamenting that it is the worst he has witnessed in Kenya’s history.

“I have been around and I can tell you that this is the worst we have heard. It is the worst because there is empirical and anecdotal evidence to demonstrate that justice is on sale,” Lumumba said, adding that many people he interacts with in the legal field have shared accounts of money being asked for under the guise of facilitation fees.

“Even when you go to file a purpose, people will give you accounts of money which are being asked for facilitation fees. They give them all manner of guises for which receipts are not issued,” he said.

Lumumba disclosed that he had raised the issue directly with Chief Justice Martha Koome during private meetings, but no tangible action was taken.

“I did, in appreciation of this reality, raise it with the Honourable the Chief Justice. And we have had meetings at which these things have been raised,” he said, expressing disappointment at the Judiciary’s failure to respond to the allegations.

The former EACC chair also flagged what he termed as a serious conflict of interest within the Judiciary, particularly involving judges presiding over matters in which they have a personal interest. He pointed to the recent controversy surrounding Chief Justice Koome, who is among the petitioners in a case challenging her removal, yet played a role in appointing the bench that will hear the matter.

This follows the appointment of a three-judge bench comprising Justices Charles Kariuki, Lawrence Mugambi, and Bahati Mwamuye to hear and determine petitions challenging the removal of Chief Justice Koome and several Supreme Court judges. The bench was constituted after the High Court ruled that the matter raised substantial legal questions requiring the attention of multiple judges.

Chief Justice Koome, who also serves as President of the Supreme Court, along with Justices Njoki Ndung’u, Isaac Lenaola, William Ouko, and Smokin Wanjala, had filed a petition in the High Court to challenge the Judicial Service Commission’s (JSC) handling of the removal proceedings. In response, the court temporarily suspended the JSC’s process pending the outcome of the petitions.

Lawyer Nelson Havi, representing the defendants, argued that Chief Justice Koome had a direct interest in the matter and therefore could not lawfully participate in appointing the judges who would preside over the case, warning that this amounted to a clear conflict of interest and could compromise the integrity of the process.

"Dangerous situation"

Lumumba echoed those concerns, terming the situation dangerous and without precedent. He criticised the practice of judges being involved in matters where they stand as litigants, arguing that it erodes public confidence in the Judiciary.

He pointed out that the Chief Justice's involvement in appointing a bench to hear a case in which she is a respondent is emblematic of the institutional crisis facing the Judiciary.

“When I see judges from the Chief Justice litigating in their own courts, litigating their defendants, they are making applications. The Chief Justice of the Republic of Kenya is sitting down to appoint a panel of judges who will preside over a case in which she is the defendant. It is without precedent. I believe it is with our president in the world that is where we are at, and I pray that something will be done, ” Lumumba said.

Lumumba also questioned the accountability of top judicial officers, citing a recent ruling by the Court of Appeal that faulted Deputy Chief Justice Philomena Mwilu over her role in constituting a bench to deliberate on a case involving former Deputy President Rigathi Gachagua.

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“In other countries, that Deputy Chief Justice ought to have resigned immediately. But we have no culture of a signature. We have no culture of taking responsibility,” he said, lamenting the entrenched impunity within the system.

He drew a comparison to Tanzania’s second president, who once resigned as Minister for Prisons following a prison break, an act of moral accountability that did not prevent him from rising to the presidency.

“Here in this region, the second President of the Republic of Tanzania resigned as the minister in charge of prisons because there had been an escape from a prison. That did not stop him from becoming the second president of the Republic of Tanzania,” Lumumba said, stressing that resignation in the face of ethical concerns should be seen as an act of integrity rather than failure.

He further criticised the entrenchment of privilege among public officials, suggesting that many cling to office for the benefits rather than service.

“People are so used to parks, to office, to bodyguards, to allowances, they think that leaving office is a death sentence,” he said.

As a solution, Lumumba called on the Law Society of Kenya (LSK) to step in and demand the reconstitution of the Supreme Court. While acknowledging that some of the judges are his personal friends and brilliant legal minds, he insisted that personal sacrifice was necessary for the greater public good.

“I hope that the Law Society of Kenya will take it upon themselves to demand of the Supreme Court that something be done,” he said.

“I say this with a lot of pain, because I know some of my good friends are there and they are brilliant minds, but really, we've got to do it. Sometimes pain must be borne by individuals for the sake of the larger good.”