State House: Key files in Tunoi bribe case missing

State House Spokesman says the omission has made it difficult for President Uhuru Kenyatta to appoint a tribunal.

Tuesday February 16 2016

Justice Philip Tunoi at the Supreme Court in

Justice Philip Tunoi at the Supreme Court in Nairobi on February 1, 2016. FILE PHOTO | EVANS HABIL | NATION MEDIA GROUP 

By BERNARD NAMUNANE
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A tribunal that should investigate Supreme Court Judge Philip Tunoi over allegations that he received a Sh202 million bribe to influence an election petition in favour of Nairobi Governor Evans Kidero in 2014 cannot be set up because crucial documents are missing.

While handing over its report to the President in which it suggested formation of the tribunal, the Judicial Service Commission (JSC) failed to attach the investigation files.

And according to State House Spokesman Manoah Esipisu, this omission has made it difficult for President Uhuru Kenyatta to appoint the tribunal.

Failure to attach the documents to the JSC report was Monday attributed to the battle to succeed Chief Justice Willy Mutunga.

“The report was delivered to the Office of the President late on Friday and upon perusal, it was found that some documents relating to the investigations were missing. The Office of the President has, consequently, asked the Judicial Service Commission to make the documents available,” Mr Esipisu said.

Last week, the JSC recommended that the judge should face a tribunal.

“The commission is satisfied that a prima facie case of gross misconduct and misbehaviour has been disclosed against Justice Tunoi. We, therefore, recommend to the President that a tribunal be established to investigate the matter,” said Dr  Mutunga.

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