MPs accuse Githu of misleading Uhuru on Tunoi case

Wednesday February 24 2016

Justice Philip Tunoi at the Supreme Court in

Justice Philip Tunoi at the Supreme Court in Nairobi on February 1, 2016. FILE PHOTO | EVANS HABIL | NATION MEDIA GROUP 

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Two MPs have accused Attorney-General Githu Muigai and other legal advisers at State House of misleading President Uhuru Kenyatta on the handling of the matter of suspended Supreme Court Judge Phillip Tunoi.

Mr Mithika Linturi (Igembe South, TNA) and Mr Jakoyo Midiwo (Gem, ODM) said the President’s advisers on legal affairs were misleading him.

They said Parliament needed to make a decision on individuals on the public payroll who are failing in their jobs.

But their attempts to get a decision on the matter were dismissed by Speaker Justin Muturi on the basis that there has not been any official communication from the President with his seal and signature to warrant a reaction from Parliament.

“I don’t see whether there is any matter I need to give guidance on because the tribunal has been set up and the deadline for setting it up is midnight tonight. We could obviously get excited because we have seen certain communication from other places, but that is not communication from the President in terms of what the Constitution requires,” said Mr Muturi.

The onslaught on Prof Muigai was started by Mr Linturi, who cited a confidential letter from State House to the Judiciary stating the President’s reason for refusing to set up the tribunal on Justice Tunoi.

Referring to a requirement in the Constitution that the President should appoint a tribunal once the Judicial Service Commission recommends it, Mr Linturi said it was difficult to understand why he was apparently advised not to do so .

Mr Midiwo said the President had listened to “good reason” by eventually agreeing to appoint the tribunal.