Prominent city lawyer Ndegwa Njiru is facing investigations for allegedly coaching witnesses to lie under oath in a high-profile court battle involving two Italian nationals.
According to a ruling delivered by Justice Mugure Thande in Malindi, Njiru and two of his clients – Rita Nappo and Cosimo Modugno – allegedly fabricated bribery claims against the judge in a failed bid to force her recusal from the case.
The judge directed the Directorate of Criminal Investigations (DCI) to launch a probe into Njiru for possible subornation of perjury and professional misconduct. She also ordered investigations into his two clients for allegedly committing perjury.
“The Deputy Registrar of this court is directed to forward this ruling, the application, and the affidavits sworn by Rita Nappo and Cosimo Modugno to the Directorate of Criminal Investigations for investigation… and for necessary action,” Justice Thande ruled.
The judge also instructed the documents be sent to the Advocates Complaints Commission to investigate Njiru for potential disciplinary action over his conduct.
The case at the center of the controversy involves Daniele Lococo and Massimo Nativi, two Italians who petitioned the High Court after facing criminal charges related to the sale and occupation of villas at Rafiki Village in Watamu. The court had earlier halted those proceedings and barred further investigations.
Njiru’s firm, Ndegwa & Ndegwa Advocates, representing five respondents including Nappo and Modugno, filed an application seeking Justice Thande’s removal from the case.
The recusal request took a dramatic turn when Nappo and Modugno claimed under oath that their lawyer had told them the judge had a hidden family connection with Kinyua Kamundi, the lawyer representing Lococo and Nativi.
They further alleged Kamundi had visited the judge’s private residence in Malindi just before she delivered key rulings, and that they met for two hours in what they suggested was an improper meeting.
Lawyer Kinyua Kamundi responded to the allegations, labeling them as “false and malicious.”
“I am not related to the judge by blood, marriage, or in any other way,” Kinyua clarified. He added that the accusations painted him as a lawyer who relies on compromising judicial officers rather than securing judgments through merit and sound legal argument.
Justice Thande Calls Out ‘Spurious’ Claims
Justice Thande dismissed the claims, stating she has no relationship with Kamundi and has never interacted with him outside court.
“It is evident from the affidavits that Ndegwa aided, counselled, and procured his clients to make false averments on oath in the proceedings,” she stated. She described the allegations as a “serious affront to both professional legal ethics and common decency.”
The judge rebuked the applicants for presenting no evidence to substantiate their claims, labeling the accusations as “spurious and absurd.”
She emphasized that the proper channel for disputing court decisions is through the appellate process, not by making baseless and malicious accusations aimed at discrediting the judiciary.
“Rather than basing their application on cogent and convincing evidence, they made spurious and absurd allegations that are unsupported by a single shred of credible proof,” she ruled.
Justice Thande warned that granting such an application was to invite judicial manipulation, which would erode public trust in the courts and damage the administration of justice.
“To grant the orders sought would amount to permitting manipulation of the judicial process, undermining notions of fairness and justice and damaging the public perception of the judiciary,” she said.
She also called upon legal practitioners to uphold their ethical obligation and discourage clients from filing frivolous attacks on the judiciary.
Such unbecoming legal advice, she warned, is not only disrespectful to the judiciary but also jeopardizes the sensitive relationship between the bench and the bar.
“Lawyers must guide their clients away from engaging in baseless and unwarranted attacks on judicial officers, which not only taint the image of the judiciary but also damage the long-standing relationship of trust and respect between judges and advocates,” she said.
Justice Thande ended her judgment with a firm reminder that mutual respect between courts, lawyers, and litigants is fundamental to the successful dispensation of justice.
