Supreme court takes legal action against Kung'u Muigai

By Newsflash Repoter

NAIROBI, Kenya – Supreme Court Justice Isaac Lenaola has taken legal action against Captain Kung’u Muigai over explosive bribery allegations made in a viral TikTok video that accused the judge of corruption and misconduct. Through his legal representatives from Ngeri, Omiti and Bush Advocates LLP, Justice Lenaola has issued a stringent seven-day ultimatum for retraction and apology, threatening litigation for defamation.

The controversy stems from a September 8, 2025 TikTok post on the account @udgmedia, where Muigai allegedly claimed Justice Lenaola accepted a Sh1 million bribe in a supermarket parking lot during a commercial dispute case involving Benjoh Amalgamated Limited, Muiri Coffee Estate, and Kenya Commercial Bank. The video, titled “Judiciary exposed!! Top judges mentioned in a mega bribery scandal,” has garnered significant engagement with thousands of likes, comments, and shares.

Legal Response to Allegations

In the demand letter dated September 16, 2025, Justice Lenaola’s legal team characterized the allegations as “false, malicious, and defamatory,” stating they were fabricated to damage the judge’s reputation and undermine public confidence in the judiciary. The lawyers emphasized that Muigai never raised any complaints about judicial misconduct during the actual court proceedings between January and July 2004 when he appeared before Justice Lenaola.

“Our firm instructions are that your statements are not only misleading, degrading, and defamatory but also completely inaccurate,” the legal letter stated. “They were made with the malicious intent of besmirching our Client’s reputation as well as his personal and professional integrity.”

Historical Context and Previous Complaints

The legal communication revealed that this isn’t Muigai’s first attempt to challenge Justice Lenaola’s integrity. On October 10, 2024, Muigai had filed a complaint with the Judicial Service Commission against ten judges, including Justice Lenaola, which the JSC dismissed on June 30, 2025, for lack of merit. This previous dismissal adds significant context to the current allegations and suggests a pattern of unsubstantiated claims against the judiciary.

The lawyers noted that Muigai’s specific claim about a supermarket parking lot bribe was particularly damaging and entirely unverified. “Not once did you raise any complaint as to how our Client was handling the matter, not least that he had been compromised,” the letter emphasized, highlighting the inconsistency in Muigai’s timeline of allegations.

Broader Implications for Judicial Integrity

This case emerges amid ongoing concerns about public trust in Kenya’s judiciary and the impact of social media on judicial reputation. The allegations represent a significant challenge to judicial authority and come at a time when the courts are handling several high-profile cases with substantial public interest.

Legal experts note that the case could set important precedents for how the judiciary responds to social media allegations and protects its members from unfounded attacks. The balance between freedom of expression and protection against defamation remains a delicate issue in Kenya’s evolving digital landscape.

Demands and Potential Consequences

Justice Lenaola’s legal team has demanded that Muigai immediately retract the video, issue an unconditional public apology, and cease making any further defamatory statements. The seven-day ultimatum leaves no room for negotiation, with the lawyers warning of immediate legal action seeking substantial damages and court orders if compliance is not met.

“Unless you comply with this demand within Seven (7) days upon receipt of this letter, our instructions are to take such further steps in this matter as may be necessary, including the institution of legal proceedings against you,” the letter concluded, indicating the seriousness with which Justice Lenaola is treating the allegations.

The case highlights the growing tension between social media expression and legal accountability in Kenya, particularly regarding allegations against public officials and judicial officers. As social media platforms become increasingly influential in shaping public opinion, the legal system faces new challenges in addressing potentially defamatory content while respecting freedom of expression.

This development also underscores the judiciary’s increasing willingness to defend its integrity against public allegations, reflecting a broader trend of judicial officers taking proactive steps to protect their reputations against unsubstantiated claims made through digital platforms.