The integrity of Kenya’s judiciary is facing one of its most serious tests, and at the center of the storm is a judge whose actions have raised more questions than answers.
Nelson Havi, a well-known lawyer and former Law Society of Kenya president, has taken the lead in calling out what he calls a pattern of corruption involving High Court Judge Josephine Mongare.
His criticism is sharp and direct, and it has forced many Kenyans to ask whether the courts can still be trusted to deliver justice without fear or favor.
The controversy revolves around two major issues. The first is the botched EABL-Asahi deal, a business transaction worth over Ksh300 billion shillings.
The deal would have seen Japanese company Asahi Holdings buy Diageo’s controlling stake in East African Breweries Limited.
This matter was already being heard in a Nairobi court, but in a move that shocked legal observers, Justice Mongare issued a surprise injunction in Machakos that froze the entire transaction.
Many legal experts saw this as a clear case of forum shopping, where a party looks for a judge they believe will rule in their favor.
Nelson Havi has been vocal in questioning how such a procedural irregularity could be allowed to happen. He argues that this is not just a mistake but a deliberate attempt to use the courts as weapons to frustrate legitimate business deals.
The second issue is even more troubling. Justice Mongare is currently under investigation by the Ethics and Anti-Corruption Commission over allegations that she solicited a bribe in a separate case involving former Cabinet Secretary Raphael Tuju.
The case in question is a 1.9 billion shilling loan dispute, and investigators have reportedly gathered evidence including WhatsApp messages and secret recordings that point to a solicitation of a 16 million shilling bribe. In an unusual move, the judge went to court to block the EACC from investigating her, arguing that only the Judicial Service Commission has the power to probe a sitting judge.
She managed to secure orders that bar her arrest or questioning, which has only deepened public suspicion.
Nelson Havi has not held back in his criticism. He has publicly advised anyone appearing before Justice Mongare to ask her to first clear her name of the bribery allegations before hearing their case. He points out the obvious conflict of interest that arises when a judge facing serious corruption claims is allowed to continue presiding over multi-billion-shilling matters.
The public is left wondering whether rulings are being made on merit or whether they can be influenced by improper payments
.The EABL-Asahi deal has now become a symbol of the rot that many believe is eating away at the judiciary.
The transaction had already cleared several regulatory hurdles and was close to completion, but the sudden injunction has thrown everything into uncertainty.
East African Breweries has warned that such conflicting court orders are damaging investor confidence and sending the wrong signal about the country’s business environment.
When a major international deal worth billions can be halted by a single judge acting from a different jurisdiction, it raises serious concerns about the predictability and fairness of the legal system.
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