A businessman has alleged that Justice Ombwayo solicited bribes related to a land dispute

The businessman has submitted M-Pesa transaction records as proof of the alleged bribery.

by NGINDOMEDIA
Justice Ombwayo

A businessman from Nakuru has lodged a formal complaint with the Judicial Service Commission (JSC), claiming that a High Court judge sought bribes related to an ongoing land dispute. He has submitted mobile money transaction records as supporting evidence.

In documents submitted to the JSC on April 7, 2025, Juma Okumu has requested the recusal of Justice Anthony O. Ombwayo from the Environment and Land Court case in Nakuru, under petition number JSC 49/2025.

In his sworn affidavit, Okumu asserts that on June 21, 2023, Justice Ombwayo contacted a litigant or their representative via a mobile number (0762458130) to solicit Ksh. 300,000. The affidavit further claims that the judge directed the litigant, through an intermediary named Mr. Kariuki, to transfer the funds to two different mobile numbers.

Okumu provides M-Pesa statements indicating that Ksh. 200,000 was sent to a Safaricom number (0790234852) registered to Violet Mumia, while Ksh. 100,000 was sent to another Safaricom till number (921088) associated with Omutanyi Esther 3. He also notes that Violet Mumia is a close relative of the judge, as stated in his affidavit reviewed by Kenya Insights.

“I am further aware that [the] mobile number 0790234852 is registered in her name – Violet Mumia, the same has at all times material to the instant application for recusal been under use and control of another very close relative to the Judge.”

The petition involves two related cases: Nakuru ELC Case No. E033 of 2023 (Omar Mohamed Omar & Another v. Joshua Kulei & 5 Others) and Nakuru ELC E011 of 2024 (Juma Okumu v. Agricultural Development Corporation & 7 Others).

The Judicial Service Commission has acknowledged receipt of the petition in a letter signed by Acting Registrar Isaac J. M. Wamaasa, stating it “is being processed in accordance with the law and the progress/decision of the Commission on the Petition shall be communicated to you.”

Okumu argues that Justice Ombwayo should have disclosed alleged dealings with parties in the case, claiming “millions of shillings have been collected by him in connection with the above dispute to subvert justice.”

The businessman’s affidavit invokes the judicial principle that “justice must not only be done but must be seen to have been done,” as grounds for requesting the judge’s recusal.

The petition is being handled by Keaton & Keaton Advocates, based in Nairobi.

The JSC has assigned reference number JSC Petition No. 49/2025 to the case.​​​​​​​​​​​​​​​​

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