What bribery claims say about our society

The probe into the alleged Sh200 million bribery claim against Supreme Court judge Phillip Tunoi will serve as a dip-stick into the soul of our nation.

Not that the old man is guilty of being on the take in the election petition against Nairobi Governor Evans Kidero, natural justice demands that we treat him as innocent until proven guilty.

However, the good thing is that he has had the courage to face the cameras and state his innocence against claims by former Kass FM journalist Geoffrey Kiplagat Lelmet.

One thing to note though is that there are equally disturbing, but unproven claims of improper or questionable conduct of this journalist, a fact that the Judicial Service Commission would definitely examine as it seeks to see if his claims hold water.

If it turns out that Lelmet (which curiously in Kalenjin means a grey-haired, wise old man of Tunoi’s age) cooked up his well-rendered and hilarious Cherota-Kibet-Kiplagat tale propped up by support cast of Kiprop Chirchir, Mike Njeru and John Osogo, then Hollywood should consider him the next movie script writer, and probably actor, who could even eclipse Lupita Nyong’o.

The only problem I have with him is that he obviously sounds not much of an anti-graft buster, but a sulking hunter who was sent away empty-handed after the alleged kill. By the way, he somehow knows that aiding a corrupt act is also criminal.

Two things however are worrying on this Cherota (code name for Tunoi in Kiplagat’s script) and Kibet (meaning Kidero) tale in which the claimant is meticulous enough to offer the trail of conversations, times and places, that can be verified using modern technological tools that intelligence crews and the propagandists in top government officials use to shadow journalists, civil rights activists and anyone else who may know more than is comfortable to some bigwigs.

The second reason why the Tunoi-Kidero story needles the heart is that it puts the highest court through a moral test and integrity trial in the people’s court.

If the judges aren’t beyond reproach like Caesar’s wife (even as the Independent Electoral and Boundaries Commission, another crucial body, is choking with chicken drumsticks and breasts from then UK) we are sunk as a nation.

Look at it this way; we have given up on MPs, they seem to live every day to fulfil a pact with the devil to steal, drink our blood, and dilute every law standing in their way from the 2010 Constitution.

Sacrilegious power and integrity of our exam certificates is being eroded by widespread cheating. Land grabbers are back, smarter and more suave, stealing the money to buy land and fraudulent title deeds, while telling us they are viciously fighting graft.

Back to Cherota and Kibet. The Supreme Court is the one that upheld President Uhuru Kenyatta’s 50+1 win in the 2013 General Election at the first round.

The Supreme Court therefore cannot be making decisions to suit the highest bidder.

If it turns out that this Mzee took even one shilling to ‘help’ Kidero, or even that the loot was shared by some on the Bench, then our justice system will suffer irreparable damage and will, naturally, have to be reconstituted.

If it is not, and we go to next year’s election with the same cast just like at the IEBC, then the integrity of results and a courtroom contest, if any, will put the country on a knife’s edge.

After all, to Uhuru-Ruto insiders, 2017 is a no-contest return match, so much that Mr Ruto, the Deputy President, is now working on a 2022 succession.

Finally, consider the following: Mr Kenyatta the other day sought the powers to pick the next Chief Justice, MPs gave him that, but this has been challenged in court.

Chief Justice Willy Mutunga was born (according to those familiar with his interview for the job) in 1946, and he must retire this year.

His Deputy, Lady Justice Kalpana Rawal and Mr Tunoi fought to remain in office until they hit 74 in line with the old law, arguing that the new one cannot be backdated.

Then some little bird claims there was an attempt to reflect Dr Mutunga as born in 1947 so that he does not go as planned in June.

The problem is that the Establishment doesn’t just dislike his earring; it hates and distrusts him (which is mutual anyway).

Then, if Dr Mutunga goes, without Mrs Rawal, Mr Tunoi would be a contender because of his seniority.

So either; someone schemed kupaka yeye matope (to soil him) or he swam in a muddy river like mud fish hoping he would come out clean as pamba (cotton wool).

Let us just say on this Cherota-Kibet story, we may have just watched one episode while Eurobond starring Henry Rotich is on 10 and more to go.

For sure we haven’t (as Americans would say) seen nothing yet!