Tunoi tribunal adjourned over dispute on NIS report

The tribunal investigating the conduct of suspended Supreme Court Justice Philip Tunoi on Thursday adjourned following a dispute over a National Intelligence Service (NIS) report.

The report was "heavily" relied on by the Judicial Service Commission (JSC) to recommend investigations against the judge.

Justice Tunoi’s lawyer Fred Ngatia declined to cross-examine JSC ombudsman Kennedy Bidali until it is ascertained that it was the NIS that authored the report.

He argued that he would not question Mr Bidali in a "blind" manner until the NIS is summoned to say whether it was behind the report.

"The judge is here because the report was heavily relied on by another body (JSC)," said Mr Ngatia, arguing that it's authentication by the NIS was important.

But tribunal chairman Sharad Rao said it would not rely on the report, adding that the NIS had sent a letter giving its position on the report but had instructed the tribunal not to table the response as it was classified.

That was when Mr Ngatia protested, saying that unless the NIS is summoned, he couldn't continue with the cross-examination.

He asked that lead counsel Paul Nyamodi be given 15 minutes to contact the NIS on their position.

After the break, Mr Nyamodi said he had earlier received a letter from the NIS about the report but that the letter was classified.

He, however, revealed he had written back to the NIS to have the response letter declassified and asked for a few days for the NIS to respond.

Mr Rao said the tribunal would sit again next week on Tuesday.

The report in contention is what the JSC relied on to have Justice Tunoi face a tribunal. It contained information that suggested that he and his accuser, Geoffrey Kiplagat, had meetings and phone conversations. The report was allegedly given to Mr Bidali by an unnamed NIS officer.