Tunoi's accuser kin meet to save judge from bribery case

Chief Justice Willy Mutunga (centre) addresses the media outside Supreme Court on February 5, 2016 where he received report from the special Judicial Service Committee set up to inquire onto the allegation of bribery against Justice Philip Tunoi. PHOTO | JEFF ANGOTE | NATION MEDIA GROUP

What you need to know:

  • Close family members of Tunoi's accuser Geoffrey Kiplagat met on February 6, 2016 to prevail upon him to withdraw his affidavit.
  • Meeting took place at Mr Kiplagat's home village of Chepkorio in Keiyo South Constituency.
  • Mr Kiplagat was away in Nairobi and did not attend the meeting, the Nation learnt.

  • Chief Justice Willy Mutunga on Friday said the JSC received and adopted a report by a special committee set up to investigate bribery allegations against the judge.

Efforts to save embattled Supreme Court judge Philip Tunoi are in top gear, even as President Uhuru Kenyatta’s office said it was yet to receive a petition recommending his suspension.

The Nation has learnt that close family members of Justice Tunoi’s accuser Geoffrey Kiplagat met on Saturday and resolved to prevail upon their kin to withdraw the affidavit containing allegations that the judge received a Sh200 million bribe from Nairobi Governor Evans Kidero to rule an election petition in his favour.

The meeting, sources revealed, took place at Mr Kiplagat’s home village of Chepkorio in Keiyo South Constituency and was attended by members of his immediate family, including his father Joseph Kibet Lelmet, and a close family friend, Mr Francis Masit.

Mr Kiplagat was away in Nairobi and did not attend the meeting, the Nation learnt.

“We met as a family on Saturday at our rural home in Chepkorio and discussed this matter. Our family is very close to the Tunoi family and we do not want this matter to strain this cordial relationship.

“We are thinking of asking Geoffrey to withdraw the affidavit but the only fear is that this may expose him to litigation from the people he accused and he could also be charged with giving false information,” said a family member who sought anonymity due to the sensitive nature of the matter.

TRIBUNAL

State House spokesman Manoah Esipisu told the Nation that the petition by the Judicial Service Commission (JSC) recommending the formation of a tribunal to investigate the bribery claims was yet to reach the President.

“The report has not reached the President as of today and when it reaches him, he will act expeditiously,” said Mr Esipisu.

Chief Justice Willy Mutunga on Friday said the JSC received and adopted a report by a special committee set up to investigate bribery allegations against the judge.

He said the commission was satisfied that there was “inappropriate interaction and communication” between Justice Tunoi and an agent of a litigant in a matter that was pending before the Supreme Court.

“This, in the opinion of the commission, amounts to gross misconduct and misbehaviour, sufficient to warrant the establishment of a tribunal to further investigate the matter,” said the CJ.

He said the tribunal should investigate whether there is evidence that a bribe was given to Justice Tunoi to influence the outcome of an election petition.

According to section 168 of the Constitution, the President has 14 days within which to appoint a tribunal to investigate the claims and recommend the judge’s sacking or reinstatement in the event he is found innocent.

The judge will, however, remain suspended and on half salary for the entire duration of the tribunal’s investigation.

The outcome of the investigations could have far-reaching implications on Dr Kidero’s political career with the petitioner in the matter, Kikuyu MP Ferdinand Waititu threatening to move to the Supreme Court to have the ruling that upheld the governor’s election victory set aside in light of the claims.