Five Supreme Court judges have recused themselves from hearing an appeal by former CS Raphael Tuju against a Court of Appeal ruling directing auctioning of his property in relation to a Ksh4.5 billion debt owed to the East African Development Bank.
The Judges cited continued attack and criticism by Hon. Tuju, an attack which the apex court believes would not serve the constitutional purpose of Justice.
In the case, Tuju, his two companies, and three children appealed to the Apex Court of Kenya to halt the court proceedings until a petition they filed with the Judicial Service Commission (JSC) against the five judges was resolved.
Tuju had accused Supreme Court Judges of bias.
The judges stated that continuing with the case would not serve the ends of justice, given the accusations of bias from Tuju.
“Having arrived at the inescapable conclusion that we are being accused of bias and working towards an undisclosed predetermined outcome, we are strongly persuaded that our further participation in these proceedings would not serve the ends of justice, at least in the eyes and perception of the appellants,” ruled the Judges.
The five Judges who recused themselves are Deputy Chief Justice Philomena Mwilu, Justice Mohammed Khadar Ibrahim, Justice Dr. Smokin Wanjala, Justice Njoki Ndung’u, and Justice William Ouko.
Tuju had accused them of failing to meet the standards expected of a court under the Constitution.
The court also noted that the ruling by the Court of Appeal on April 20, 2023, remains valid unless overturned by a competent Supreme Court bench.
“The Judgment of the Court of Appeal shall stand until it is either affirmed or reversed by a competent Bench of this Court.”
Tuju is facing the potential auction of his Dari and Entim Sidai proper
