Court directs DCI to investigate lawyer Ndegwa Njiru, clients for alleged witness coaching
According to a High Court ruling, the trio is accused of fabricating bribery allegations against a judge in an attempt to derail a petition involving two Italian nationals.
Lawyer Ndegwa Njiru and two of his clients are facing investigations for allegedly coaching witnesses to lie under oath.
According to a High Court ruling, the trio is accused of fabricating bribery allegations against a judge in an attempt to derail a petition involving two Italian nationals.
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The investigations were ordered by Justice Mugure Thande, who directed the Directorate of Criminal Investigations (DCI) to probe Njiru for subornation of perjury and professional misconduct and his clients, Rita Nappo and Cosimo Modugno, for perjury after dismissing their application seeking her recusal from the case.
“The Deputy Registrar of this court is directed to forward this ruling, the application and affidavits sworn by Rita Nappo and Cosimo Modugno to the Directorate of Criminal Investigations for investigation... and for necessary action,” Justice Thande ruled.
Sitting in Malindi, Justice Thande also instructed that the same documents be submitted to the Advocates Complaints Commission for an inquiry into Njiru’s conduct for possible disciplinary action.
The case centres on a petition filed by two Italian nationals, Daniele Lococo and Massimo Nativi. Earlier, the High Court had issued rulings suspending criminal proceedings against the Italians at the magistrate’s court and halting any further criminal investigations over the sale and occupation of villas at Rafiki Village in Watamu.
Njiru’s firm, Ndegwa & Ndegwa Advocates, representing five respondents including Nappo and Modugno, filed the recusal application, though the application listed all five as applicants. Lococo and Nativi, before the recusal application, had separately asked the court to compel the trial court to release their passports.
In the contested affidavits supporting the recusal application, Nappo and Modugno claimed their lawyer advised them that Justice Thande had failed to disclose an alleged family relationship with Kinyua Kamundi, counsel representing Lococo and Nativi. They further alleged Kinyua had been seen visiting the judge’s private residence in Malindi before the delivery of the rulings, where they purportedly met for two hours, leading to the judge being compromised.
Dismissing the claims, Justice Thande clarified she has no relationship with Kinyua and has never interacted with him outside court.
“It is evident from the affidavits that Ndegwa aided, counselled and procured his clients to make false averments on oath in the proceedings,” she said, describing the allegations as a “serious affront to both professional legal ethics and common decency.”
Justice Thande noted that the applicants failed to provide any evidence to support their bribery claims.
“Rather than basing their application on cogent and convincing evidence, they made spurious and absurd allegations that are unsupported by a single shred of credible proof,” she ruled.
She pointed out that instead of challenging previous rulings through the proper appellate process, the respondents and their lawyer resorted to making false and malicious claims aimed at discrediting the court and derailing the petition.
“To grant the orders sought would amount to permitting manipulation of the judicial process, undermining notions of fairness and justice and damaging the public perception of the judiciary,” she said.
Justice Thande stressed that unsuccessful litigants and their lawyers should not resort to abusing the court process through personal attacks and unsubstantiated allegations.
“Lawyers must guide their clients away from engaging in baseless and unwarranted attacks on judicial officers which not only taint the image of the judiciary but also damage the long-standing relationship of trust and respect between judges and advocates,” she added.
She further warned that when such claims are made on legal advice, they not only compromise the dignity of the court but also threaten the essential relationship between the bench and the bar.
On his part, Kinyua opposed the recusal application and dismissed the allegations as “false and malicious.” He expressed concern over the damage to his personal and professional reputation caused by claims that he visited Justice Thande at her private residence.
“I am not related to the judge by blood, marriage or in any other way,” Kinyua said adding that the allegations portrayed him as a lawyer dependent on compromising judicial officers rather than securing favourable rulings on merit.
Justice Thande stressed that mutual respect between courts, lawyers and litigants is crucial to the administration of justice.
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