Lady Justice Josephine Wayua Wambua Mong’are has come under increasing public scrutiny following a series of rulings that have sparked criticism from prominent lawyers, litigants and court commentators.
The latest criticism was led by Senior Counsel Ahmednasir Abdullahi after Justice Mong’are issued orders in a case touching on East African Breweries Limited (EABL), with the lawyer renewing his campaign against what he describes as “JurisPESA” within sections of Kenya’s Judiciary.
The criticism adds to an ongoing public conversation surrounding Justice Mong’are’s judicial decisions, previous court proceedings involving investigations into her conduct and calls by sections of the legal profession for closer scrutiny of her work.
Justice Josephine Mong’are: photo Courtesy/X
Ahmednasir renews JurisPESA criticism
Ahmednasir, one of Kenya’s most outspoken critics of the Judiciary, questioned Justice Mong’are’s handling of the EABL matter through a series of posts on X.
He has consistently argued that corruption within sections of the Judiciary has commercialised justice, popularising the term “JurisPESA” to describe what he believes is improper influence over court outcomes.
In one of his previous comments, Ahmednasir wrote:
“A dishonest judge who lies about the facts and the law of the case, distorts both to reach a desired position for the benefit of a litigant is obviously a JurisPESA judge… wrecked judges will destroy Kenya.”
His latest criticism followed orders issued by Justice Mong’are in a constitutional petition involving EABL, keeping her decisions firmly in the national legal spotlight.
To bring the point home, Lawyer Ahmednasir Abdullahi went on and sarcastically said to end the ongoing beef on EABL, the two firms from Japan and the UK should just bribe their way instead of following the long route of Justice.
“Asahi Group Holdings(Japan) and Diageo (UK) that are involved in the acquisition of 65% share in EABL worth Kshs 340 billion should do the needful and BRIBE the right parties…the endless litigation and regulatory roadblocks stopping the deal means some people can’t let a deal worth Kshs 340b pass without their cut…this is Kenya bwana…lipa pesa,” the lawyer wrote on X.
According to Ahmednasir, the endless conservatory orders are mostly meant to ensure that extortion of money has happened and that Lady Justice Josephine Mong’are cannot distance herself from the blame. He also accused the judge of supporting forum shopping instead of bringing the matter to an end, so that the EABL acquisition can continue as planned.
Also, there were concers of econonic sabotage via endless and unfair court injuctures, owing to the fact that Ksh340B is not a small money and it has adverse effects in the economy.
Ahmednasir complains about corruption by judges. Photo: Ahmednasir Abdullahi Source: X
Nelson Havi weighs in on the EABL dispute
Former Law Society of Kenya President Nelson Havi also became involved in the dispute after joining the legal team representing Jilk Construction Company Limited.
Havi disclosed that he had joined advocate Kibe Mungai in representing the company in its long-running legal battle involving Diageo PLC, EABL and Kenya Breweries Limited.
He explained that Jilk had filed an application seeking permission to commence a private prosecution against several corporate entities and officials over matters connected to the Kisumu Breweries Project.
Nelson Havi complains about judges in the judiciary. Photo: Nelson Havi Source: X
Havi also shared correspondence exchanged between Jilk and EABL dating back to 2019.
One letter detailed complaints made by Jilk concerning the conduct of individuals associated with the project, while EABL’s response acknowledged receipt of the complaints and confirmed that its Controls, Compliance and Ethics department would review the issues raised and seek additional information before completing investigations.
Those documents became part of the court record in the ongoing litigation.
Edwin Dande questions ex parte orders
Investment banker Edwin Dande also criticised Justice Mong’are’s handling of the EABL matter.
Reacting to the orders, Dande wrote:
“Justice Mong’are Orders are so kosher…”
He argued that the wider concern was the increasing use of ex parte and suo motu orders within some courts.
Dande further said that only a handful of lawyers, including Ahmednasir Abdullahi and Nelson Havi, had consistently spoken publicly about what they describe as “JurisPESA”, adding that the Judiciary required a comprehensive institutional response.
Stephen Mutoro highlights Tuju ruling
Stephen Mutoro complains about Judge Josephine Mong’are. Photo: Stephen Mutoro Source: X
Court affairs commentator Stephen Mutoro also drew attention to Justice Mong’are after she struck out former Cabinet Secretary Raphael Tuju’s amended plaint in a dispute involving the recovery of debts owed to the Eastern and Southern African Trade and Development Bank.
Mutoro noted that the decision lifted interim orders that had stopped the recovery process, allowing the lender and auctioneer to proceed with enforcement while Tuju pursued an appeal.
His update on the matter generated renewed discussion around the judge’s decisions in high-value commercial disputes.
Online criticism over EABL ruling
Another commentator, Maina Ndegwa, popularly known online as “Don Bull”, also criticised Justice Mong’are following her handling of the EABL proceedings.
Don Bull complains about Josephine Mong’are. Photo: Don Bull Source: X
Commenting on the matter, he observed that the petition revisited Diageo’s acquisition of additional shares in EABL and noted that:
“Further directions in the case will be given on July 2.”
His posts formed part of the wider online debate surrounding the case and the court’s approach to the dispute.
Previous court battle involving EACC investigations
Justice Mong’are has also previously been involved in court proceedings concerning investigations initiated by the Ethics and Anti-Corruption Commission (EACC).
She moved to the High Court seeking protection from investigative action, arguing that the process threatened judicial independence and that complaints concerning judges should first be handled through the Judicial Service Commission.
The High Court issued conservatory orders pending the determination of the petition.
That matter remains part of the broader public record surrounding the judge.
A wider shot of EABL headquarters in Nairobi, Kenya. Photo: The Star Source: Facebook
Public confidence in the Judiciary
Kenya’s Judiciary derives its authority from public confidence.
Judges are expected to decide disputes independently and according to the Constitution, while criticism of judicial decisions remains part of an open justice system where court rulings attract public examination, especially in high-profile commercial and constitutional disputes.
The recent criticism directed at Justice Mong’are by Ahmednasir Abdullahi, Nelson Havi, Edwin Dande, Stephen Mutoro and other commentators illustrates how judicial decisions increasingly attract immediate public scrutiny beyond the courtroom.
Whether through appeals, judicial review or disciplinary mechanisms established under the Constitution, the justice system provides avenues through which concerns about judicial conduct and court decisions can be addressed.
