A fresh petition seeking the removal the Chief Justice Martha Koome from office, alongside four other supreme court judges and six appellate judges a petitioner has been filed with startling revelations how a bribe of Sh825million exchanged hands to deprive a family associated with a former president its Sh7billion coffee estate through a flawed auction.
Captain (retired) Kung’u Muigai and his company Benjoh Amalgamated Limited who has battled with Kenya Commercial Bank (KCB) to salvage the family property has remained confident that justice has not been done in the litigation that has lasted for over three decades.
The long drawn legal suit that has been handled by over 30 judge’s whirls around a loan that was advanced to Kung’u’s company Benjoh Amalgmated Limited to develop a flower firm in Nyandarua for export by the Kenya Commercial Bank (KCB) in 1989.
Testimony tendered in court by Benjoh is that KCB defaulted in fully financing the flower project by failing to advance money for the harvesting of the crop for export.
The flowers dried up.
KCB later slapped Benjoh with a demand to offset the loan.
Benjoh demanded from the bank a statement of account before claiming payment.
Benjoh moved to court in 1992 to oppose a sale of Muiri Coffee Estate which had pledged as a guarantor not as a security.
Two large parcels of land in Nyandarua had been given as security and whose sale could offset the loan which had been advanced.
In the fresh petition seeking to oust the CJ alongside other judges new evidence of how colossal sums changed hands in the corridors of justice to compromise justice to Benjoh and its director Capt (rtd) Muigai has resurfaced.
In a letter dated August 22,2025 to the Judicial Service Commission (JSC) where the fresh CJ removal petition was received on August 19,2025, Capt (rtd) Muigai has offered to testify in camera then reveal and proof how judges he has named for removal pocketed millions of shilling to compromise justice by declaring that “a consent order between KCB and Benjoh to resolved the dispute was entered in 1992 before a retired appellate judge Erustus Githinji.”
Muigai and his witnesses who include a prominent businessman Chris Musau and a former employee of a lawfirm are willing to appear before the JSC to shed light in the petitions so “that justice can be done.”
Those roped for removal due to alleged gross misconduct and incompetence are the CJ Justice Koome, Supreme Court Judges, Mohammed Ibrahim, Njoki Ndung’u, Isaac Lenaola and William Ouko.
Appeal Court Judges on the spot are Daniel Musinga (president of the court of appeal), Sankale ole Kantai, Milton Asike Makhandia, Kathurima M’Inoti, John Mativo and Francis Tuiyot.
Capt Muigai who is seeking the removal of the top cream of the apex court and the second highest court alleges that he has suffered injustice in the hands of judicial officers due to either incompetency or hefty bribes exchanging hands.
In the correspondence to the JSC , Capt (rtd) Muigai has disclosed how hefty bribes sailed through to the judiciary with Supreme Court Judges pocketing USD ($)3.5million (KSh451,500,000) allegedly paid through an offshore account in Jersey allegedly by the husband of a former Deputy Chief Justice Kalpana Rawal.
Supreme Court Judge Justice Lenaola allegedly received Sh1million from a prominent lawfirm, while a five judge bench of the court of appeal pocked whopping USD ($) 2,500,000 (KSG322,500,000).
Capt (rtd) Muigai claims that another appellate bench presided over by a retired appeal judge GBM Kariuki pocketed Sh50million only to rule the matter of Benjoh and KCB was “resjudicater-it had already been decided).”
The Sh50m alleged bribe was allegedly delivered to Justice (rtd) G B M Kariuki by a prominent businessman.
However, Muigai says when Justice (rtd) Kariuki delivered the ruling on the authenticity of the KCB claim one of the members of his bench Justice Musinga was away in India although his signature was appended.
Kung’u is pleading with the JSC to allow him appear before it in camera, to adduce further evidence and to substantiate the graft claims he has made against the judges.
Kung’u says corruption has all through riddled his suit with KCB, one of the country’s biggest lenders.
The suit which has been cycling around the judiciary like a whirl wind revolves around a contested consent order that was allegedly entered in 1992 between KCB and Benjoh Amalgmated Ltd before a former judge Justice Githinji.
Muigai says in the petition that it has been confirmed a deputy registrar of the high court that there was no “existing consent order.”
The petitioner says the million question which begs an answer is “how did judges rule his case is resjudicata when there is a none-existent consent order.”
Kung’u states in the petition that he has suffered injustice in the hands of judicial officers who have refused to apply the law as it is supposed to be.
He says that he has not received justice thereby allowing KCB to auction his 443-acre coffee estate valued over Sh7bn at a paltry Sh70million thereby depriving him and his family its property and a source of income.
Kung’u who has petitioned the Judicial Service Commission (JSC) to recall all the petitions it dismissed and to re-open them says justice “must be seen to be done.”
In its recent decision the JSC dismissed his petitions claiming that “it does not meet the legal thresh-hold and that judges acted within their legal parameters and mandates while dismissing the case against KCB.”
In the petition against the CJ, Muigai faults her for “upholding and confirming a non-existent Judgement dated May 4, 1992 in HCC 1219 of 1992 without any record of the same.”
Muigai says the ruling of the CJ of November 13,2009, when she was sitting as a judge in the Commercial Division of the High Court resulted in the auctioning of Muiri Coffee Estate, a 443 –acre Coffee Farm valued at Sh7billion but sold for Sh70m to Kamlesh Rahul of Bidii K Limited.
Benjoh had moved to court vide a civil suit No205 of 2009 suing KCB,Hakano Molu, Chris Theuri, Joseph Kiambati and Evans Mose alleging fraud in the sale and auction of the coffee farm.
In her ruling the CJ stated: “On May 4 1992 through a consent order recorded in court, the plaintiff (benjoh) and the guarantor admitted liability and undertook to liquidate the loan due to KCB and failure to do so the bank was at liberty to sell the charged properties.”
Muigai has maintained that the purported consent judgement was never filed in court “neither was it produced as part of the record.”
He adds inspite of this the CJ went ahead and declared that the suit-resjudicata insisting all the issues had been settled by the none-existent consent judgement.
Muigai faults the CJ for dismissing the suit and made orders to the effect that the plaintiffs (benjoh/muigai) should not go back to court unless they seek leave from the court to “protect the dignity of this court from abuse and bar plaintiffs from insisting any other suit against the bank over the suit property.”
Justice Koome struck out the plaintiffs (benjoh/muigai) suit and gave costs to the defendants (kcb and four others.)
In his quest for justice Muigai and Benjoh seeks an answer from Justice Koome , “Was the consent judgement of May 4,1992 in HCC 1219 of 1992 filed in court before the Hon Judge.If it was can she produce it. If it was not what judgement was she referring to?”
Muigai (petitioner) urges the JSC finds in favour in his petition and recommend the removal of the Chief Justice Martha Koome.
“The petitioner (muigai) is also ready to come before the commission to give evidence in support of this petition.”
In the communique to the JSC seeking a re-evaluation of the petitions for the removal of supreme judges, Ibrahim, Lenaola, Njoki Ndung’u and William Ouko the petitioner says all them spoke about the non-existent consent order of May 4,1992 which they never saw and “cannot produce to-date.”
Muigai states in the letter dated August 22,2025, “You flippantly informed me in your letter dated August 7,2025- the petitions seeking removal of judges- does not meet the threshold for removal of a Judge from office under Article 168 of the Constitution.”
In the communication from JSC to Muigai, it was stated ostensibly “in each and every instance the judges involved acted within the scope of their judicial mandate.”
Muigai says he is surprised that his petitions were decided during meetings which he was never invited to shed light to the issues in questions.
He clarifies that all the litigations revolve around the consent order which he says “Judges who new or ought to have known that the High Court of Kenya us a court of record should be able to exhibit if at all the same existed.”
He says despite the judges knowing the same does not exist to render judgements time and again in absence of the purported consent was what they were “induced by way of bribery, to cover-up the egregious fraud perpetrated by KCB in its purported sale of the property comprised in L R which property is by conservative estimates valued over Kenya Shillings seven billion.”
Muigai wonders whether the JSC put assertions to the affected judges.
He also asks,”why was I not granted an opportunity to appear before the commission.”
Muigai is also asking JSC “whether it has seen or it is in possession of the consent order at the heart of the underlying dispute. If so, where is it? If not, where is it?”
Muigai asserts to JSC that he firmly believes that once granted his right to be heard he will reveal to the JSC the instances of dishonesty and corruption.
Muigai has itemized the alleged corrupt deals involving the Judges.
He alleges while handling HCCC Case Number 1576 of 1999 Justice Lenaola allegedly pocketed Sh1m.
Muigai says after the late Justice Joyce Khaminwa ordered KCB to present a statement of Account it availed a balance of Sh4million running from September 3 1991 yet Benjoh opened the account on April 12,1989.
Muigai avers KCB appealed against the order of Justice Khaminwa.
Appeal Judges (rtd) Roselyn Nambuye, Makhandia and M’Inoti overturned Justice Khaminwa’s judgement and confirmed the consent judgement of May 4,1992 “without a record of the same.”
“In this case I have no evidence of any bribery but I cite the judges for incompetence.”
Benjoh decided to approach the Supreme Court and applied for leave from the Court of Appeal in CA No.SUP 16 of 2012 presided over by Justice (rtd) GBM Kariuki , then appeal judge now Supreme Court Judge William Ouko ad Justice Musinga.
In a judgement delivered June 2014 the matter was dismissed for being Res Judicata due to a purported consent order of May 4 1992.
“It is my submission that a sum of Sh50m was paid to Judges (rtd) Kariuki and Ouko JJA. The third Judge Justice Musinga was in India at the time on official duties, but he appended his signature on the judgement upon return,” Muigai states.
Further the commission has been informed that Muiri applied to move to the Supreme Court after Benjoh lost its bid.
The application was heard by Appeal Judges Patrick Kiage, Jamilla Mohammed and Agnes Murgor.
In their judgement dated July 31 2015 Judge Kiage, Mohammed and Murgor ruled,“ the High Court is a Court of record and the Supreme Court should pronounce itself on what happens if the court record is missing as this is not a matter between parties but a matter of great public interest.”
Judges Kiage , Mohammed and Murgor gave the parties leave (permission) to move to the Supreme Court.
Benjoh filed an application that was heard by Chief Justice (rtd) Emeritus Dr Willy Mutunga, DCJ (rtd) Kalpana Rawal, Supreme Court Judges Mohammed Ibrahim, Njoki Ndung’u and Justice (rtd) Jackton Ojwang.
The apex court judges ruled in a judgement delivered on May 19,2016 that “the issue of missing Court record is of great interest matter is question.”
Muigai states instead of the apex court pronouncing themselves on what should happen should a court record go missing they “uncharacteristically and without any prompting referred to the consent judgement of May 4,1992 and declared the issues before them were Res Judicata as they were all determined by the consent judgement.”
Muigai says the consent judgement was never placed before the retired first CJ under the 2010 constitution.
“It is my submission that a sum of US Dollars 3.5million (KSH451,500,000) was paid through a Jersey Account by the husband of Justice Kalpana Rawal for the benefit of the supreme court bench,” Muigai.
Benjoh did not grow weary and sought a review of the judgment of Nambuye, Makhandia and M’Inoti and requested the matter to be handled by a five judge bench.
The plea was allowed and a bench comprising JJAs Makhandia, M’Inoti, Kantai, Tuiyot and Mativo heard the review and in May 24, 2024 it came as a shock when the bench “declared that the said consent judgement entered in ALL courts records and proceeded to dismiss the application.”
States Muigai, “But it is not surprising that they behaved like that because there is evidence the five judge bench received USD ($) 2,500,000 (KSh322,500,000).”
Muigai tells JSC given the sum total of all the decisions as a citizen he is left “with no recourse but to reject the communication to him vide their letter and also demands a fresh hearing of the said dismissed petitions on their merits in an open and public forum as witnessed in the complaints against Judges in South Africa.”
Muigai alleges that the reason for the hostile take-over of Muiri Farm is, “The Shah Community under Chairman Vimal Shah is planning to relocate from Parklands to Mang’u and have bought surrounding farms.
The JSC has been told through the petition seeking removal of the CJ Martha Koome that Shah is a person of interest in an ongoing DCI investigation in this matter.
Muigai claims that Sh500million has changed hands in corruption dealings in the Muiri Farm take over.
Muigai is pleading with the JSC to give him an opportunity to present testimony which will lead to the securing back of the 443 acres under coffee worth Sh7billion from the hands of the Shahs who acquired it through a fraudulent sale.
