Former Jubilee Secretary General Raphael Tuju has expressed three concerns over the conduct of Supreme Court judges in a letter addressed to Chief Justice Martha Koome.
In the letter dated Friday, March 21, Tuju took issue with sentiments made by some of the judges regarding petitions seeking their removal from the bench.
He wondered whether it was right for the judges to make public statements on a matter that was present before the courts.
"When SCoK judges attempt to stop proceedings at the JSC, then it can only mean that they want a license for impunity. In their recent public statements, the SCoK judges rightly insist that they must be respected by Kenyans," read part of the letter in part.
"But I believe that they too should respect the law of the land and the constitutional bodies like the JSC. And by the way, I repeat they should stop making public comments on matters at the JSC and in court. They should start by respecting their own institutions."
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Secondly, he also revisited the 2022 presidential election petition, pointing out the language that was used to dismiss the petition.
According to Tuju, the judge's statements were unnecessary given the high-stakes election, opining that they could easily cause chaos in a country.
He referenced the 'hot air' and 'wild goose chase' sentiments that were included in the judgement.
"In the aftermath of a closely contested elections, emotions were severely inflamed as ethnic polarizing rhetoric before, during and after the election, featured with abandon," he wrote.
"The SCoK should have been more temperate in their language as they carried out a solemn duty while adorning attire similar to what Bishops wear."
On the other hand, he raised an issue regarding a court case involving his property which has been at the center of an auction in a case involving the East African Development Bank (EADB).
In his letter, he clarified that the 27-acre land in Karen was legitimately acquired even as he raised concerns over the conduct of judges in the case.
"When the panel of 5 SCoK judges saw things go south as affidavits before them were recanted, they did something rather 'clever.' The 5 judges recused themselves. An action with no precedent in the Commonwealth Jurisprudence," he added.
"They needed not to recuse themselves. The case before them had collapsed because the affidavit before them had been recanted. Hence their “clever” move to recuse themselves."
