Tunoi probe told of lies, ‘thrillers’

A lawyer representing a judge accused of taking a Sh200 million bribe to influence the outcome of an election petition against Nairobi Governor Evans Kidero on Tuesday said his client never attended any meetings meant to arrange the deal.

Mr Fred Ngatia told a tribunal that the evidence a witness gave, saying that suspended Supreme Court Judge Philip Tunoi attended the meetings was ‘fiction’ and a ‘thriller’ and that no such deals took place.

He was cross-examining Mr Geoffrey Kiplagat, the witness who filed an affidavit claiming Justice Tunoi received the cash to rule in favour of Dr Kidero in a petition filed by Mr Ferdinand Waititu, who is now the Kabete MP.

“The judge did not have any contact with Mr Kiplagat, neither did he meet any representatives of the governor,” said the lawyer.

Mr Ngatia was cross-examining Mr Kiplagat, a former journalist, before a tribunal investigating the judge for alleged misconduct.

The meetings were meant to bring together justice Tunoi and people said to have been close to Dr Kidero to facilitate the bribe, which was reportedly handed over at a petrol station on Waiyaki Way in Nairobi.

“I think you have given us enough hints to demonstrate this is fiction,” said Mr Ngatia who cross-examined Mr Kiplagat for about two hours during the first public hearing of the tribunal at Anniversary Towers in Nairobi.

“The judge takes the testimony as a fiction, a thriller and an irritating thing, which should not have taken place,” said Mr Ngatia when he addressed the tribunal led by Judges and Magistrates Vetting Board chairman Sharad Rao.

Mr Kiplagat had also said in his affidavit that he received calls from lawyer Katwa Kigen and there was a follow up meeting to discuss the bribe. The meeting was held in a restaurant at Lonrho House, he said.

After the lunch hour meeting, the witness met with the parties at the Petro petrol station on Waiyaki Way where part of the bribe was exchanged.

It was also revealed that senior counsel Paul Muite advised the witness to write an affidavit after he (Kiplagat) realised his life was in danger.

Mr Ngatia wondered why Mr Muite did not advise Mr Kiplagat to report to the threats to his life to the police instead. He also questioned why the witness opted to consult Mr Muite who was at that time representing the Judicial Service Commission in a case filed by Judge Tunoi on his retirement.

He told the witness the lawyer also represented Mr Waititu in the petition he filed against Dr Kidero. The tribunal adjourned to Tuesday 26 April.

Ngatia: The judge never went to Eldoret to meet Evans Kidero, is that correct?

Kiplagat: That’s true.

Ngatia: You also describe yourself as a well networked journalist? Right from the word go early May, you called the judge and requested that you wanted to visit him and the judge declined you to visit him in Eldoret? So you did not visit him in Eldoret?

Kiplagat: That’s correct.

But Mr Kiplagat also sought to defend his affidavit and tried to clarify why the judge was no show during the planned meetings, saying Justice Tunoi was “jittery”.