MALINDI, Kenya – Prominent lawyer Ndegwa Njiru and two of his clients are under investigation for allegedly coaching witnesses to give false testimony in a case involving two Italian nationals.
Justice Mugure Thande, sitting at the High Court in Malindi, dismissed an application by Njiru seeking her recusal from the case and directed the Directorate of Criminal Investigations (DCI) to probe the lawyer for subornation of perjury and professional misconduct.
His clients, Rita Nappo and Cosimo Modugno, will also face investigations for alleged perjury.
“It is evident from the affidavits that Ndegwa aided, counselled and procured his clients to make false averments on oath in the proceedings,” Justice Thande ruled, describing the conduct as a “serious affront to legal ethics and common decency.”
Alleged Fabrication of Bribery Claims
The accusations stem from a petition filed by two Italians, Daniele Lococo and Massimo Nativi, over the sale and occupation of villas in Rafiki Village, Watamu.
Earlier court rulings had suspended criminal proceedings against them and halted further investigations.
Njiru’s law firm, representing five respondents, filed an application claiming that Justice Thande had failed to disclose a family relationship with Kinyua Kamundi, counsel for the Italians.
Affidavits sworn by Nappo and Modugno further alleged that Kamundi visited the judge’s private residence in Malindi ahead of a ruling.
Justice Thande categorically dismissed the claims, stating that she has never had any private interaction or familial connection with Kamundi.
“Rather than basing their application on cogent and convincing evidence, they made spurious and absurd allegations,” the judge said.
Potential Disciplinary Action
In addition to the DCI probe, the court directed that the matter be forwarded to the Advocates Complaints Commission for further inquiry into Njiru’s conduct, opening the door to possible disciplinary proceedings.
Justice Thande criticized the misuse of the judicial process, warning that unfounded attacks on judges could erode public trust in the legal system.
“To grant the orders sought would amount to permitting manipulation of the judicial process and damaging the perception of the judiciary,” she said.
Kamundi Speaks Out
Kamundi, who opposed the recusal application, described the allegations as “false and malicious”, noting that they had tarnished his reputation.
“I am not related to the judge by blood, marriage, or in any other way,” he said. “The claims portray me as a lawyer who secures rulings through improper means, which is both untrue and professionally damaging.”
Justice Thande concluded with a stern warning to litigants and legal practitioners:
“Lawyers must guide their clients away from baseless attacks that taint the image of the judiciary and damage the long-standing trust between judges and advocates.”
