Nelson Havi has thrown down a heavy challenge, one that cuts straight to the heart of Kenya’s judiciary. In a bold and hard-hitting statement, the Senior Counsel has openly questioned the integrity of a sitting judge, Justice Josephine Mong’are, advising anyone with a case before her to ask her to clear her name first.
His words are not just a simple criticism; they are a direct call to action for anyone who believes in a fair and impartial legal system.
Havi’s statement points to a deep-seated worry that the public has long held about corruption within the courts, and it brings this concern to the forefront of national conversation by specifically naming Justice Mong’are.
The specific case that has sparked this intense reaction involves the sale of a stake in East African Breweries Limited (EABL) between the global giants Diageo PLC and Asahi Group Holdings.
This was a major commercial transaction, the kind that involves billions of shillings and affects the country’s economic standing.
Havi has described Justice Mong’are’s decision to halt this transaction as a serious abuse of the judicial process.
The core of the argument is that a ruling of this magnitude should only be made by a judge whose hands are completely clean and whose reputation is beyond reproach.
When a judge like Justice Mong’are is under a cloud of suspicion, as Havi claims she is, every decision she makes can be seen as tainted, undermining the very foundation of the rule of law.
The seriousness of the allegation cannot be overstated. Havi specifically mentions the Ethics and Anti-Corruption Commission (EACC), which is the primary government body tasked with fighting corruption.
By advising litigants to demand that Justice Mong’are clear herself at the EACC before handling their cases, Havi is making a very public and serious accusation. He is essentially saying that the judge’s conduct is so questionable that it would be unfair for any citizen to have their fate decided by her.
This advice puts every lawyer and every client in a difficult position, forcing them to choose between proceeding with their case or challenging Justice Mong’are’s authority and integrity.
This situation is a stark reflection of the wider crisis of confidence facing Kenya’s judicial system. For many ordinary citizens, the courts represent the last hope for justice, a final refuge from injustice and oppression.
When the guardians of this system, including Justice Mong’are, are themselves accused of corruption, it creates a sense of hopelessness and despair.
Havi is not alone in this fight.
Fellow Senior Counsel Ahmednasir Abdullahi has also trained his guns on the same issue, making a damning observation about the EABL deal.
In his own sharp criticism, Abdullahi suggested that the endless litigation and regulatory roadblocks stalling the transaction are a sign that some people are demanding their “cut” from the Kshs 340 billion deal.
He cynically advised the foreign companies involved to “bribe the right parties,” saying that is how things work in Kenya. His words echo Havi’s concerns and point to a rotten system where major commercial decisions are held hostage by those seeking personal gain.
Together, these two legal heavyweights have placed a glaring spotlight on Justice Mong’are and the entire judicial process, making it clear that the public is watching and will not stay silent.
The future of justice in Kenya hangs in the balance, and the response to these challenges will determine whether the courts remain a pillar of democracy or crumble under the weight of public mistrust.
