NAIROBI, Kenya — The Judiciary has strongly refuted allegations of corruption and misconduct made by Captain (Rtd.) Kung’u Muigai in the decades-old commercial loan dispute pitting Benjoh Amalgamated Ltd and Muiri Coffee Estate Ltd against Kenya Commercial Bank (KCB).
In a statement issued on Wednesday, Judiciary spokesperson Paul Ndemo said no credible evidence had ever been produced to support claims of bribery involving judges who handled the case.
He described Muigai’s accusations as “mischievous” and part of a “camouflaged agenda.”
“This matter has been litigated for over two decades with more than 14 suits filed, all of which were dismissed across various court levels as vexatious and an abuse of the court process,” the statement read.
The dispute dates back to 1989 when KCB extended a loan facility to Benjoh Amalgamated Ltd, secured by properties owned by the company and Muiri Coffee Estate Ltd.
After default, a 1992 consent order required Benjoh to clear arrears by July that year.
The company failed to meet the deadline, prompting the bank to auction the secured properties.
Subsequent attempts by the borrowers to stop the sales were struck out, with the Court of Appeal in 1997 affirming the consent order as valid and binding, and rejecting claims of fraud or illegality.
The courts have since consistently applied the principle of res judicata — that litigation must come to an end.
The Judiciary also revealed that allegations of misconduct were presented to the Judicial Service Commission (JSC), which found no evidence of impropriety by any judge.
A total of 17 Court of Appeal judges and a High Court judge have ruled on the matter over the years.
“Dissatisfaction with judicial outcomes is not proof of misconduct,” the Judiciary said, warning that unfounded corruption claims only erode public trust in the courts.
The institution reiterated its commitment to impartiality and urged aggrieved parties to use lawful avenues of review rather than engage in “misinformation and disinformation campaigns.”
