The Judicial Service Commission (JSC) investigating the conduct of Supreme Court Judge, Justice Philip Tunoi has found him culpable of bribery allegations and recommended that President Uhuru Kenyatta appoints a tribunal probe him.
The six-member JSC committee is convinced that there was some misconduct by the Judge but recommended further probe into the matter. “The commission is satisfied that from the totality of material and information presented before it, there was inappropriate interaction and communication between the Hon. Justice Philip K. Tunoi and agents of the litigant in a matter pending before the Supreme Court,” reads the letter signed by Chief Justice Dr Willy Mutunga.
“This, in the opinion of the Commission amounts to gross misconduct and misbehaviour sufficient to warrant establishment of a tribunal to investigate the matter.”
In an affidavit sworn by former Kass FM journalist Geoffrey Kiplagat, he had alleged that the judge was given Sh200 million by Nairobi Governor Evans Kidero to favour him in an election petition filed by Nairobi gubernatorial aspirant Ferdinard Waititu, now Kabete MP, after the 2013 elections.
The case sulked in more people including Dr Kidero, lawyer Katwa Kigen, businessman Michael Njeru.
Dr Mutunga said it is the work of the tribunal to find out whether Justice Tunoi was given a bribe or not. “As to whether or not there is material evidence to suggest a bribe was given to Hon Justice Philip Tunoi on 27/8/2014 to influence the decision of the Supreme Court Election Petition No 18/2014 Evans Odhiambo Kidero and four others to favour the petitioner, the Commission is satisfied that this is an issue that requires further investigation by the tribunal,” he observed.
The probe started on January 27, after Dr Mutunga confirmed he had received the affidavit sworn by Kiplagat on November 22, 2014, claiming that Tunoi had been bribed. JSC committee is being led by Dr Margaret Kobia.
Other members of the special committee are Attorney General Githu Muigai and Justice Aggrey Muchelule, among others. The Constitution gives the President powers to act within 14 days on receipt of the petition by suspending the judge from office and in accordance with the recommendations of JSC, appoint a four member tribunal to investigate the accused.
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