Justice Philip Tunoi to know fate in bribe probe Friday

Prof Margaret Kobia (centre), who is chairing the special JSC committee investigating Supreme Court Judge Philip Tunoi who is facing bribery allegations, addresses journalists outside the Supreme Court building in Nairobi on February 3, 2016. The team sought an extension until February 5 tomorrow to complete its investigations. PHOTO | JEFF ANGOTE | NATION MEDIA GROUP

What you need to know:

  • If the committee proves Tunoi received the bribe from Kidero, JSC will recommend to the President to suspend him and form a tribunal to investigate his conduct.

  • If the tribunal also finds him guilty, they will recommend his sacking.

  • The JSC special committee had a two day sitting where it summoned all the nine persons adversely mentioned.

Supreme Court Judge Philip Tunoi will Friday know whether the Judicial Service Commission will recommend his suspension over allegations of receiving a Sh202 million bribe.

A special JSC committee investigating the bribery allegations was scheduled to give its verdict yesterday upon expiry of the seven days they were given to conclude investigations but requested for two more days to conclude analysing the evidence.

“We have made substantial progress to establish any merit on the bribery allegations against Justice Tunoi as contained in the affidavit of Mr Geoffrey Kiplagat. But we have not been able to conclude our report and sought extension to complete the work by Friday,” said the committee chairperson Prof Margaret Kobia.

She said their final report to be submitted to the JSC will be just, fair and based on the evidence they received.

If the committee proves Justice Tunoi received the bribe from Nairobi Governor Evans Kidero, the JSC would recommend to the President to suspend him and form a tribunal to investigate his conduct.

If the tribunal also finds him guilty, they will recommend his sacking.

Constitutional lawyer Anthony Oluoch says that kind of finding will dent the image of the Supreme Court and bring to question many decisions the judges have made.

“If that is the case, then the conclusion will be that he did not benefit alone since he must have at least there other judges on his side to pass a case. Then we will start questioning the legitimacy of the Supreme Court and if we really need it if it is not serving the purpose it was created for,” said Oluoch.

That outcome could also affect Dr Kidero and people close to him whom Mr Kiplagat said were in the chain of connectors in the bribery scandal.

The JSC special committee had a two day sitting where it summoned all the nine persons adversely mentioned.

First to appear was Mr Kiplagat, who took two hours to substantiate his claims of being a conduit and the connector between Justice Tunoi and Dr Kidero.

He stated in his affidavit that Justice Tunoi and Dr Kidero met at a petrol station, where the money was delivered, and that they waved at each other after the deal went through.