Questions abound over panel to hear Tunoi bribery case

Supreme Court judges. A special sitting of the Judicial Service Commission summoned by the Chief Justice Willy Mutunga will on January 27, 2016 decide the fate of Supreme Court judge Philip Tunoi in a Sh200 million corruption case. PHOTO | FILE | NATION MEDIA GROUP

What you need to know:

  • Panic in the Judiciary after Chief Justice Willy Mutunga forwarded the investigation report to the DPP and EACC for action.
  • The CJ, Justices Smokin Wanjala, Mohammed Warsame and lawyer Tom Ojienda are all JSC members who were involved in the petition against Dr Kidero.
  • Judiciary sources said this was the first time the CJ made public his request to DCIO to conduct investigations against a judge accused of bribery.

The Judicial Service Commission (JSC) will convene a special sitting Wednesday to determine the fate of a Supreme Court judge amid panic over a Sh200 million bribery report.

And there are questions about who will sit in the special committee given  four JSC members were directly involved in the election petition in which Nairobi governor Dr Evans Kidero allegedly bribed Justice Philip Tunoi.

A source said panic among judicial staff is caused by Chief Justice Willy Mutunga’s decision to forward the investigation report on Justice Tunoi’s bribery case to the Director of Public Prosecutions and the Ethics and Anti-Corruption Commission for action.

“There is panic everywhere due to uncertainty of what is contained in the report. Everyone in anxious because the report might contain a recommendation to charge other people who may have been involved in the network,” said a  source who wished not to be named.

Dr Mutunga said he had read the report by the Director of Criminal Investigations and concluded he will forward it to EACC, the DPP and the JSC to form part of their discussion.

WAITITU'S PETITION

The CJ, Supreme Court Judge Smokin Wanjala, Court of Appeal Judge Mohammed Warsame and lawyer Tom Ojienda are all JSC members who were involved in the petition against Dr Kidero.

Although Dr Mutunga did not sit in the bench that delivered the final decision to uphold the governor’s election, he was involved as the president of the Supreme Court.

Justice Wanjala was part of the five-judge bench that delivered the ruling.

He, alongside Justices Jackton Ojwang, Mohammed Ibrahim and Tunoi had a concurrent opinion to uphold Dr Kidero’s election, while Lady Justice Njoki Ndung’u dissented.

Justice Warsame was among the Court of Appeal bench that decided Dr Kidero’s fate.

He had a dissenting ruling against his two colleagues, Justices GBM Kariuki and Patrick Kiage who nullified the governor’s election.

Prof Ojienda represented the governor in the petition, from the High Court to the Supreme Court.

Other JSC members are Attorney General Githu Muigai, Justice Aggrey Muchelule, chief magistrate Emily Ominde, lawyer Florence Mwangangi, Prof Margaret Kobia, Mr Kipng’etich Bett and Ms Winifred Guchu.

PRECEDENT

Judiciary sources said this was the first time the CJ made public his request to DCIO to conduct investigations against a judge accused of bribery.

“There are several cases where the JSC received corruption cases against judges but the reports have never been forwarded to EACC or the DPP. The complaints normally go through normal disciplinary processes and if the judge is found guilty, the JSC recommends their suspension,” said the source.

Justice Tunoi is alleged to have received $2 million (Sh202 million) bribe from Dr Kidero to influence the outcome of the petition filed in 2013 by Kabete MP Ferdinand Waititu.

The bribery scandal was brought to light by Mr Geoffrey Kiplagat, who in November last year, filed an affidavit detailing how he connected Justice Tunoi and Dr Kidero.

Mr Kiplagat said the scandal started in May 2014 when he received a call from businessman Michael Njeru asking him if he could connect him with Justice Tunoi to help in the case against Dr Kidero.

Mr Kiplagat said they later devised a network of secret communication between him and the judge, Mr Njeru and Dr Kidero’s personal assistant John Osogo until the money was delivered to the judge at a petrol station.

On Monday, Dr Mutunga said he received the affidavit in November last year and asked the DCIO to investigate the claims. He added that due to the gravity of the allegations, he would convene a special sitting of the JSC to discuss the findings.