In a groundbreaking development, five Supreme Court judges—Philomena Mwilu, Mohammed Ibrahim, Smokin Wanjala, Njoki Ndungu, and William Ouko—have recused themselves from hearing an appeal involving former Cabinet Secretary Raphael Tuju.

This unprecedented move marks the first time in Kenya’s judicial history that such a large number of judges have stepped down from a single case, raising concerns over the future of the proceedings and the implications for the judiciary’s credibility.

The appeal centers around a Ksh1.5 billion loan dispute between Tuju and a regional lender. Tuju has accused the Supreme Court judges of bias and misconduct, claiming they ignored key legal procedures and were steering the case toward a "predetermined outcome." His petition seeks to halt the case proceedings, citing the judges' lack of impartiality.

In their joint statement, the judges expressed dismay over the accusations, asserting that such claims undermined their ability to deliver a fair hearing. “When a party accuses the Bench of lack of impartiality and integrity, we are left with no choice but to step down to preserve the integrity of this institution,” they stated.

The decision has sparked a debate within legal circles, with many questioning whether this sets a dangerous precedent that could enable litigants to challenge judges simply by questioning their integrity. Critics fear this could disrupt Kenya's judicial system, though the judges emphasized that their recusal was necessary to maintain public confidence in the judiciary.

Tuju’s case, which dates back to a 2015 loan dispute over a $9.1 million loan for a real estate project, now faces uncertainty as the appeal remains in limbo following the judges' withdrawal. The case highlights deeper questions about how the justice system should handle allegations of bias at the highest levels of the judiciary.