Judiciary Fires Back At Kung’u Muigai, Says No Judge Fixed His KCB, 443-acre Coffee Farm Case

Thirty years after a consent sealed the KCB, Benjoh and Muiri Coffee Estate loan saga, the Judiciary says the matter was settled in law long ago, and fresh bribery claims are baseless.

The statement was triggered by a video clip from Captain, Rtd, Kung’u Muigai. He accuses multiple judges across decades of misconduct.

The Judiciary calls that charge empty. “We categorically refute any suggestion of misconduct by judges who presided over these matters. No competent forum has ever found evidence of wrongdoing or corruption, and Mr. Muigai has not produced credible proof to substantiate his claims,” it says.

What sits beneath the noise is a simple but complicated history, a 1989 KCB facility to Benjoh Amalgamated secured by property owned by Benjoh and a charge over a 443 acre farm at Muiri Coffee Estate.

After default, a consent was recorded on 4 May 1992 in HCCC No. 1219 of 1992 before Justice Erastus Githinji. Benjoh admitted the debt and undertook to pay by 31 July 1992. The borrowers missed the deadline.

As auctions loomed, fresh suits rolled in. Most were thrown out because the core issues had already been settled by the 1992 consent.

The turning point was 10 March 1998. In Civil Appeal No. 276 of 1997, the Court of Appeal, then the apex court, affirmed the consent, finding no fraud or illegality. The Judiciary says that decision should have ended the fight.

It did not. Filings kept coming, up to the Supreme Court years later. The courts repeatedly cited finality. “The courts consistently emphasised the fundamental principle that litigation must come to an end,” the statement notes.

In a 2018 ruling, Civil Application No. 40 of 2018, the Court of Appeal dismissed yet another challenge and counted the sheer volume of attempts. By then, “more than fourteen, 14, suits had been filed over two decades without success,” and the continued cases were described as “vexatious and an abuse of the court process.”

Away from the courtroom, Muigai insists judges were bribed.

Watch his entire viral clip explaining the entire saga from start to finish:

The Judiciary answers that the oversight bodies have already looked. “Allegations of judicial misconduct relating to these cases were also presented to the Judicial Service Commission, JSC. The JSC independently reviewed the petitions and found no credible evidence of impropriety or misconduct by any judge,” it says.

It also calls out the scale of the new claim. “It is mischievous, to say the least, of Captain, Rtd, Muigai to allege that all the judges that handled his matters and made orders against his companies were bribed,” the statement reads, adding that he cites by name 17 Court of Appeal judges and a High Court judge.

For Nairobi readers who have followed the Muiri story for years, the message is blunt. “Dissatisfaction with judicial outcomes is not proof of misconduct,” the Judiciary says.

The parting shot is about public trust. “Respect for final court judgments is essential to the administration of justice. Unfounded allegations that impugn judicial integrity only serve to undermine public confidence in our courts and constitutional order,” said Judiciary spokesperson Hon. Paul Ndemo, OGW, ndc, K.

Meanwhile, parties who still feel aggrieved are told what to do. “Parties aggrieved by judicial outcomes are encouraged to pursue lawful avenues of review and complaint, grounded in evidence, rather than engage in misinformation and disinformation campaigns,” the statement says.