Tunoi skips court sitting as team set to probe him

Supreme Court Judge Philip Tunoi leaves the courtroom after a past session. The judge was to be among the bench to hear an appeal by businessman Stephen Muriithi against former President Daniel arap Moi but did not show up. FILE PHOTO | NATION MEDIA GROUP

What you need to know:

  • Justice Tunoi’s continued stay on the Bench is, however, also subject to another case at the Court of Appeal in which he is challenging his retirement age.
  • Justice Tunoi has been accused by a journalist, Mr Geoffrey Kiplagat, who in November last year filed an affidavit detailing how he connected him and Dr Kidero, leading to the alleged bribery.

Justice Philip Tunoi skipped a sitting of the Supreme Court, a day after the Judicial Service Commission formed a special committee to investigate bribery claims against him.

The judge was to be among the bench to hear an appeal by businessman Stephen Muriithi against former President Daniel arap Moi but did not show up, though the Judiciary said he would not be barred from hearing cases despite the bribery allegations.

A source in the Judiciary said Justice Tunoi will be presumed innocent until proven otherwise by a special committee of the JSC appointed to investigate claims that he received a Sh202 million bribe from Nairobi Governor Evans Kidero to rule in his favour in a petition that challenged his election.

Chief Justice Willy Mutunga, Justice Jackton Ojwang, Justice Mohammed Ibrahim, Justice Smokin Wanjala and Justice Njoki Ndung’u were the only judges present.

Justice Tunoi’s continued stay on the bench is, however, also subject to another case at the Court of Appeal in which he is challenging his retirement age.

He was to retire two years ago, when he attained the age of 70, but is holding on to conservatory orders issued by the Appellate Court restraining the JSC from sending him home.

OUT TO GET ME

Justice Tunoi has denied receiving any bribe to influence the outcome of the election petition against Dr Kidero filed by now Kabete MP Ferdinand Waititu, blaming his woes on a simmering dispute between old and new judges.

According to the judge, there is a group that wants him out to pave the way for their ascendance to the Supreme Court, and that the scheme is to ensure he does not sit in the court in case a presidential election petition is filed next year.

Justice Tunoi has been accused by a journalist, Mr Geoffrey Kiplagat, who in November last year filed an affidavit detailing how he connected him and Dr Kidero, leading to the alleged bribery.

The JSC on Wednesday appointed a six-member team, to be chaired by Public Service Commission chairman Margaret Kobia, to investigate and establish within seven days whether the allegations are true.

Other members are Attorney-General Githu Muigai, Justice Aggrey Muchelule, Ms Emily Ominde, Ms Winnie Guchu and Mr Kipkorir Bett.

“We have just finished our first meeting at the Supreme Court. We have drawn up a very tight work schedule,” said one of the members.