Chief Justice Martha Koome has relieved a senior magistrate of judicial duties after his arrest by the Ethics and Anti-Corruption Commission (EACC) over alleged bribery, declaring that the Judiciary will not shield officers accused of corruption.
In a statement issued on Wednesday, July 22, Koome confirmed that Senior Principal Magistrate Martin Kinyua Mutegi of Kangema Law Courts was arrested alongside a probation officer over allegations of soliciting and receiving a bribe linked to a case before the court.
The Chief Justice termed the allegations serious, warning that if proven, they would amount to a grave violation of the law, the Judicial Code of Conduct and Ethics, and the principles underpinning the administration of justice.
"The allegations are grave and, if proved, constitute a serious violation of the law, the Judicial Code of Conduct and Ethics, and the values that underpin the administration of justice," Koome stated.
She reiterated the Judiciary's zero-tolerance stance on corruption, insisting that judicial officers must uphold the highest standards of integrity because they exercise authority on behalf of the people of Kenya.
"Any conduct that undermines public confidence in the administration of justice strikes at the very foundation of the Judiciary," she added.
Koome stressed that judges and judicial officers could not dispense justice while engaging in criminal conduct.
"I have consistently stated that Judges, Judicial Officers and members of staff cannot discharge justice with one hand and commit a crime with the other," she said.
While emphasizing that the accused remains entitled to due process, the Chief Justice maintained that the Judiciary would not protect any officer facing credible allegations of criminal or unethical conduct.
She announced that the Judiciary and the Judicial Service Commission (JSC) had already commenced disciplinary and administrative proceedings under the Judicial Service Act and relevant human resource policies.
Pending the outcome of those processes, Mutegi has been relieved of judicial duties, although the move will not affect ongoing criminal investigations by the EACC and other constitutional agencies.
Koome further pledged full cooperation with investigators and prosecutors handling the case, saying the Judiciary would support all lawful efforts to establish the truth.
"I wish to assure the people of Kenya that the Judiciary and Judicial Service Commission remain steadfast in safeguarding the integrity of the justice system. We will continue to act firmly, fairly, and decisively against any judicial officer or member of staff whose conduct falls short of the high ethical standards expected of those entrusted with the administration of justice," she said.
The development comes after the EACC arrested the magistrate attached to Kangema Law Courts alongside a Principal Probation Officer over alleged bribery.
The commission said the two were apprehended during an operation launched after investigators received a complaint from a litigant in a criminal case, who alleged that the suspects had demanded money in return for influencing the outcome of the case.
“The Ethics and Anti-Corruption Commission (EACC) has arrested a Senior Principal Magistrate attached to Kangema Law Courts and a Principal Probation Officer over allegations of soliciting and receiving a bribe from a litigant in exchange for influencing the outcome of a criminal case,” the commission said in a statement on Wednesday.
According to the EACC, the judicial officer allegedly demanded Ksh170,000 to facilitate a favourable probation report that would pave the way for a non-custodial sentence.
The commission further stated that the suspects were arrested while allegedly receiving Ksh150,000 from the complainant at a restaurant in Kangema Township. They were later detained at Nyeri Central Police Station pending their arraignment.
The Judiciary, meanwhile, reiterated its zero-tolerance policy on corruption, maintaining that any conduct that erodes public confidence in the administration of justice undermines the very foundation of the institution.
