Witness says Tunoi accuser backdated his affidavit

Nairobi businessman Mr Mike Njeru testifies at the Justice Philip Tunoi tribual at the Anniversary Towers in Nairobi on April 28, 2016. PHOTO | EVANS HABIL | NATION MEDIA GROUP

What you need to know:

  • Nairobi businessman Mike Njeru had earlier told the tribunal that the e-mails he received were dated January 16, 2015 while Mr Kiplagat’s affidavit is signed November 22, 2014.

  • Mr Njeru produced copies of the email he had received from Mr Kiplagat, dated February 16 (and not January 16 as originally stated).

  • It is through this e-mail, Mr Njeru said, that he first knew about an affidavit being prepared by the journalist, indicating that Mr Kiplagat might have backdated the affidavit.

The evidence in the bribery case against Justice Philip Tunoi might be crumbling, after information emerged showing that the key witness in the trial, Mr Geoffrey Kiplagat, might have backdated his affidavit.

Nairobi businessman Mike Njeru had earlier told the tribunal that the e-mails he received were dated January 16, 2015 while Mr Kiplagat’s affidavit is signed November 22, 2014.

Tuesday, Mr Njeru gave his testimony before the tribunal investigating allegations that Justice Tunoi received a Sh200 million bribe to sway a Supreme Court election petition ruling in favour of Nairobi Governor Evans Kidero.

Mr Njeru produced copies of the email he had received from Mr Kiplagat, dated February 16 (and not January 16 as originally stated).

It is through this e-mail, Mr Njeru said, that he first knew about an affidavit being prepared by the journalist, indicating that Mr Kiplagat might have backdated the affidavit.

Mr Njeru fielded questions from Justice Tunoi’s lawyer, Mr Fred Ngatia.

For instance, asked if he had ever met with Mr Kiplagat and Dr Kidero’s personal assistant John Osogo at Kengeles Restaurant in Lavington, Mr Njeru said he had never been to the restaurant.

“But I live in Lavington, and Geoffrey has visited my home several times,” he said.

When Mr Ngatia pointed out from the damning affidavit that Mr Kiplagat had introduced Mr Njeru to a Ms Frida Okol who would “deliver money to a highly placed official”, Mr Njeru did not deny meeting the woman.

“I met her, but not for that reason,” said Mr Njeru. “Geoffrey had told me the woman had good contacts at the Kenya Wildlife Service and could help me secure some tenders.”

The rest of the inquiry at Anniversary Towers focused on Mr Njeru’s telling claim: “Geoffrey is a desperate man who tried to extort money from me after I decided to cut him off.”

The duo’s 10-year relationship rapidly cooled, culminating in the e-mail from Mr Kiplagat alerting Mr Njeru that he was preparing the affidavit.

Asked why he never went to the police over the e-mail, Mr Njeru said: “The man had no evidence and I knew he was too broke to follow through with the threat.”