The Judiciary has responded to former Jubilee Secretary General and Cabinet Secretary Raphael Tuju following his allegations of corruption involving senior judges handling a case linked to his company, Dari Limited.
In a worded statement released on Thursday by Judiciary Spokesperson Paul Ndemo, the Judiciary dismissed Tuju’s claims, reaffirming its commitment to upholding the rule of law and ensuring the due administration of justice.
"It is therefore clear that the matters between Dari Limited and the bank are actively before competent courts and the JSC. In accordance with the sub judice rule—which upholds the rule of law and the due administration of justice—these issues should be left for judicial determination and resolution by the JSC," read part of the Judiciary's statement.
Further, the Judiciary urged Tuju and other involved parties to avoid litigating their cases through the media or on social media platforms, emphasizing the importance of allowing legal processes to take their course.
"We urge all parties to refrain from litigating their cases through the media or on social media platforms. We also call on the media to verify facts before reporting on such matters to avoid contributing to misinformation or disinformation," the statement added.
These developments come as the Judiciary faces heightened scrutiny following a contentious Supreme Court ruling favouring a senior bank manager, only for subsequent investigations to reveal that the manager had falsified evidence.
Following the ruling, Tuju took a swipe at the Supreme Court for declining to admit cross-examination requests against the accused official after it had made a ruling in favour of the bank.
''In the meantime, the SCOK had issued rulings in favor of the bank based on the lies and statements that were recanted by its official. Despite our pleas that the bank official be cross-examined, the Supreme Court mysteriously declined to take this important piece of evidence,'' Tuju stated.
Following the developments, the former CS revealed that when the truth emerged in a lower court, the whole bench of five judges of the highest court recused themselves from the case.
''It should be of interest that the case by Nelson Havi seeking the removal of Supreme Court judges cites our Dari limited case as one of the grounds for the removal of the judges,'' Tuju noted
''The recusal by the bench of 5 judges has no precedent in the Commonwealth law and is also currently the subject of litigation in other fora.''
Tuju has been actively engaging with the media and has also submitted confidential files to the Ethics and Anti-Corruption Commission (EACC) concerning the conduct of Supreme Court judges. However, the fate of these documents remains undisclosed to the public.
This came shortly after he penned an open letter to Chief Justice Martha Koome, calling for urgent action to address the challenges facing the justice sector. by