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Post Reply: Court Orders Investigation into Lawyer Ndegwa Njiru and Clients for Alleged Witness Coaching

<blockquote><div class="quotetitle">Quote from <a class="profile-link highlight-moderator" href="https://lawguide.co.ke/understanding-law/legal-forum/profile/lawyer/">Lawyer</a> on July 22, 2025, 9:01 am</div><div id="pl-7114"  class="panel-layout" ><div id="pg-7114-0"  class="panel-grid panel-no-style" ><div id="pgc-7114-0-0"  class="panel-grid-cell"  data-weight="1" ><div id="panel-7114-0-0-0" class="so-panel widget widget_sow-editor panel-first-child panel-last-child" data-index="0" data-style="{&quot;background_image_attachment&quot;:false,&quot;background_display&quot;:&quot;tile&quot;,&quot;background_image_size&quot;:&quot;full&quot;,&quot;background_image_opacity&quot;:&quot;100&quot;,&quot;border_thickness&quot;:&quot;1px&quot;}" ><div
			
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	<p dir="ltr">On July 21, 2025, the High Court in Nairobi ordered the Directorate of Criminal Investigations (DCI) to probe prominent lawyer Ndegwa Njiru and his clients, Rita Nappo and Cosimo Modugno, for alleged witness coaching and perjury. The ruling, delivered by Justice Mugure Thande, stemmed from a case involving two Italian nationals, Daniele Lococo and Massimo Nativi, who had sought the judge's recusal from their petition. The court's decision has sparked significant attention, raising questions about legal ethics and the integrity of judicial proceedings.</p>
<p dir="ltr">The controversy arose during a hearing where Lococo and Nativi, represented by Njiru, filed an application for Justice Thande to recuse herself from their case. The petitioners alleged that the judge was compromised, claiming she had a relationship with opposing counsel, Mr. Kinyua, and that he had visited her private residence. These allegations were supported by affidavits sworn by Nappo and Modugno, who claimed to have evidence of improper conduct.</p>
<p dir="ltr">Justice Thande dismissed the recusal application, stating that she had no personal or professional relationship with Kinyua beyond their interactions in court. She described the allegations as false and malicious, asserting that they were an affront to both judicial impartiality and professional legal ethics. The judge emphasized that courts operate under a presumption of impartiality, which cannot be easily rebutted without substantial evidence.</p>
<p dir="ltr">In her ruling, Justice Thande found that Njiru had aided and counseled his clients to make false statements under oath, an act she deemed as subornation of perjury. She further noted that such actions by an advocate constituted professional misconduct. Consequently, the court directed the Deputy Registrar to forward the ruling, along with the application and affidavits from Nappo and Modugno, to the DCI for a thorough investigation. The probe will focus on Nappo and Modugno for potential perjury and Njiru for subornation of perjury and professional misconduct.</p>
<p dir="ltr">The judge underscored the severity of the allegations, particularly because they originated from a legal professional. She stated that the false claims not only undermined the integrity of the judicial process but also damaged the reputation of the opposing counsel, Mr. Kinyua, who categorically denied any improper relationship with the judge.</p>
<p dir="ltr">Mr. Kinyua, in opposing the recusal application, expressed dismay at the accusations leveled against him. He argued that the claims were baseless and portrayed him as someone who relied on unethical means to secure favorable rulings rather than professional merit. Kinyua clarified that he had no familial or personal connection with Justice Thande, and their interactions were strictly professional and confined to the courtroom.</p>
<p dir="ltr">The court's decision to order an investigation into Njiru and his clients highlights the judiciary’s commitment to upholding ethical standards in legal practice. Perjury, the act of lying under oath, and subornation of perjury, the act of inducing someone to commit perjury, are serious offenses that can undermine public trust in the legal system. The allegations against Njiru, a well-known lawyer with a history of handling high-profile cases, have brought renewed scrutiny to the conduct of advocates in Kenya.</p>
<p dir="ltr">Njiru has previously been involved in notable legal battles, including representing county assemblies in impeachment cases and challenging government actions in court. His reputation as a skilled litigator, particularly in constitutional and devolution matters, makes this investigation a significant development in his career. The outcome of the DCI’s probe could have far-reaching consequences for his professional standing and the broader legal community.</p>
<p dir="ltr">This case comes amid ongoing debates about the intersection of law, politics, and ethics in Kenya. Njiru has recently been in the spotlight for his criticism of government actions, including his opposition to President William Ruto’s plan to build a church at State House, which he argued violated constitutional provisions on religious neutrality. He has also accused the state of using the judicial system to target political opponents, as seen in his defense of Manyatta MP Gitonga Mukunji against terrorism-related charges.</p>
<p dir="ltr">The investigation into Njiru and his clients adds to the complex narrative surrounding his legal practice, which often involves challenging powerful institutions. Some observers speculate that the allegations against him may be part of a broader effort to discredit his advocacy, though no evidence supports this claim. Others view the court’s directive as a necessary step to maintain accountability within the legal profession.</p>
<p dir="ltr">The DCI is expected to conduct a thorough investigation into the allegations of perjury and professional misconduct. The findings will likely be forwarded to the Office of the Director of Public Prosecutions (ODPP) for further action, which could include criminal charges or disciplinary measures by the Law Society of Kenya (LSK). The case is set to be mentioned again on June 20, 2026, when the court will review the progress of the investigation.</p>
<p dir="ltr">As the probe unfolds, it will likely draw significant public and professional interest, given Njiru’s prominence and the sensitive nature of the allegations. The case serves as a reminder of the importance of ethical conduct in legal practice and the judiciary’s role in safeguarding its integrity.</p>
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