Shocking Revelation: Nelson Havi Claims CJ Koome and Top Judges Took Sh4B Bribe from Uhuru

Former LSK President Alleges Widespread Corruption in Kenya’s Supreme Court

Former Law Society of Kenya (LSK) President Nelson Havi has intensified his campaign against the Supreme Court of Kenya, alleging that judges were bribed with over Sh4 billion by former President Uhuru Kenyatta.

In a bold statement on Sunday, Havi claimed that Chief Justice Martha Koome and three other Supreme Court judges received Sh4 billion in bribes.

“We need to go live on X to expose how the bribe was given to Koome and Njoki by a Jubilee operative, to Wanjala by a Nyanza MP, and to another judge by a governor. Let the four disgraced judges return the Sh4 billion they took from Uhuru Kenyatta. That was unjust enrichment,” Havi posted, tagging fellow lawyer Ahmednasir Abdullahi. Both lawyers have been vocal critics of the country’s top court.

Havi’s allegations of judicial corruption did not stop there. He further claimed that Sh300 million was “disbursed” as a bribe in a case where Geo Chem Middle East Limited was awarded Sh2.3 billion on December 18, 2020, against the Kenya Bureau of Standards (Kebs) for breach of contract.

According to Havi, the bribery tip came from a judge who was not part of the bench hearing the case.

“A Supreme Court judge who did not sit on this bench has confirmed to us that Sh300 million was disbursed for the assignment on Kenya Bureau of Standards. That is why the judges who went to court do not want the other judge to spill the beans on them,” he posted.

The award was reinstated by Justices Philomena Mwilu, Mohamed Ibrahim, Smokin Wanjala, Njoki Ndung’u, and Isaac Lenaola on December 18, 2020.

Ahmednasir’s Claims of Bribery in the Supreme Court

Ahmednasir Abdullahi has also made explosive claims of corruption in the Supreme Court. In a suit filed before the East African Court of Justice, where he is challenging a ban imposed on him by the Kenyan Supreme Court, Abdullahi has lifted the lid on alleged widespread corruption in the apex court.

In his suit, Abdullahi argues that the Supreme Court unlawfully denied him an audience based on a “judge-made offense” intended to silence his public criticism of corruption in the judiciary. He also claims that the ban was imposed following an exchange of WhatsApp messages among members of the Supreme Court bench.

Abdullahi is seeking Sh200 million in legal fees from taxpayers, which he claims he would have earned from cases he was hired to handle but were stalled due to the ban.

How Supreme Court Judges Were Allegedly Bribed

Supreme Court judges (from left) Isaac Lenaola, Dr Smokin Wanjala, Philomena Mwilu, Chief Justice Martha Koome, Mohamed Ibrahim, Njoki Ndung’u and William Ouko.

The most striking part of Abdullahi’s petition is his detailed account of how judges were allegedly bribed to influence the outcome of the 2022 presidential petition.

In the court documents seen by Kenya Insights, Abdullahi claims that four out of the seven Supreme Court judges were paid between $1.5 million and $2 million (Sh200 million to Sh266 million) each to overturn William Ruto’s election victory, which had been challenged by Raila Odinga. However, the judges were unable to influence the verdict, which upheld Ruto’s win on September 5, 2022.

Abdullahi provides a blow-by-blow account of how the bribes were allegedly delivered:
– Judge A accepted a bribe delivered at their Nairobi home by a powerful politician.
– Judge B accepted bribes from three individuals: the son of a deceased leader, a retired governor, and an influential businesswoman.
– Judge C took a bribe from a member of the National Intelligence Service (NIS) who later left the service.
– Judge D accepted a bribe from a member of Parliament. Initially, Judge D wanted the bribe to be given to their wife but later changed their mind.

Historical Corruption Allegations

Lawyer Ahmednasir’s Abdulahi.

Abdullahi also referenced past corruption scandals involving Supreme Court judges as part of his evidence. He cited the case of Justice Phillip Tunoi, who was accused of taking a $2 million bribe to influence an election petition. Tunoi was found guilty and dismissed by former President Uhuru Kenyatta.

He also mentioned the Panama Papers, which alleged that Justice Kalpana Rawal, Kenya’s second Deputy Chief Justice, and her husband operated offshore companies in the Caribbean, a notorious tax haven. The offshore companies were reportedly used to sell properties in the UK worth millions of shillings.

Abdullahi further highlighted an incident where the Judicial Service Commission (JSC) recommended an investigation into Justice Jackton Ojwang over allegations that he received favors from then-Migori Governor Okoth Obado in exchange for influencing a case. However, a tribunal led by Justice Visram cleared Ojwang of misconduct.

Additionally, Abdullahi referenced a petition filed at the JSC by Jared Ongeri, seeking the removal of Justices Mohammed Ibrahim, Jackton Ojwang, Smokin Wanjala, and Njoki Ndung’u for allegedly taking bribes to influence the outcome of the Wajir Governor election petition.

He also mentioned the case of Deputy Chief Justice Philomena Mwilu, who was arrested and charged with corruption and economic crimes, including tax evasion and abuse of office. Although the charges were upheld in a constitutional reference, her prosecution was quashed after a court ruled that her privacy was violated during the evidence-gathering process.

Supreme Court Judges Fight to Keep Their Jobs

Amid the bribery accusations, Supreme Court judges are fighting to retain their positions as the JSC considers petitions for their removal. The JSC is set to reconvene on Tuesday, with the proposed removal of seven Supreme Court judges, including Chief Justice Martha Koome, topping the agenda.

The meeting will be chaired by the Commission’s vice-chairperson, Isaac Rutto, and attended by nine members. However, CJ Koome and Justice Mohammed Ibrahim, who are among the defendants in the ouster petitions, will not attend.

Last Friday, CJ Koome led the judges in suing the JSC, rejecting the disciplinary proceedings and warning of a looming constitutional crisis if the judges are suspended. She argued that only the Supreme Court has the jurisdiction to determine the validity of presidential elections, state emergencies, and the removal of judges.

“No other person or authority is authorized to carry out the constitutional functions specifically designated to the Supreme Court. Suspending the judges would deprive Kenyans of their fundamental rights,” Koome stated in court filings.

The complaints against the judges were filed by former Cabinet Minister Raphael Tuju’s Dari Limited and lawyers Nelson Havi and Christopher Rosana, alleging misconduct, misbehavior, and incompetence.

Lawyer Nelson Havi.

While Tuju’s complaint involves a commercial dispute with the East African Development Bank, Havi and Rosana’s complaints stem from the Supreme Court’s decision to ban lawyer Ahmednasir Abdullahi over his social media posts criticizing the judiciary.

The judges were expected to respond to the complaints by February 24, 2025, but instead sought conservatory orders to halt the proceedings. Deputy Chief Justice Philomena Mwilu also filed a preliminary objection, contesting the JSC’s authority to entertain the petitions.

Interestingly, Havi previously represented Mwilu in a separate case where she faced allegations of misconduct related to dealings with a bank. She was later cleared by the court.

As the battle between the judiciary and its critics intensifies, Kenya faces a potential constitutional crisis, with the integrity of its highest court hanging in the balance.