Embattled Supreme Court judge Philip Tunoi has a date with the Court of Appeal on Friday in a bid to extend his stay in the Judiciary.
A seven-judge bench of the Appellate Court will hear Justice Tunoi’s appeal against a High Court decision that all judges must retire at 70, at a time when he is waiting for President Kenyatta to appoint a tribunal to investigate allegations that he received a Sh200 million bribe.
However, Justice Tunoi could avoid facing the tribunal if he opts to withdraw his appeal.
The Judicial Service Commission would then retire him and stop the commission from sending their recommendations to the president to form the tribunal.
Sources at the Judiciary said the judge was contemplating withdrawing the appeal not only to save himself from the tribunal but also the Judiciary from the damning allegations of widespread corruption.
Although the commission did not prove that the judge received the bribe from Nairobi Governor Evans Kidero, it found that the judge inappropriately communicated with people involved in the issue.