Supreme Court Judge Phillip Tunoi surprises tribunal by opting for public hearing

Supreme Court Judge Phillip Tunoi's sudden decision to have his trial heard in public caught the tribunal off guard.

Tribunal Chairman Sharad Rao said he and the other members were surprised that Justice Tunoi changed his mind as his accuser Geoffrey Kiplagat was being examined.

Tunoi is accused of receiving a Sh200 million bribe from Nairobi Governor Evans Kidero to influence the outcome of an election petition filed by Kabete MP Ferdinand Waititu. Both Tunoi and Dr Kidero have since denied these accusations.

Mr Kiplagat, who appeared before the tribunal on Tuesday and was questioned by lawyer Paul Nyamodi, returned to face the tribunal on Wednesday. It is then that the judge asked to have the private sessions opened to public.

"It came as a surprise to us that he decided to have a public hearing. That is the reason we had to adjourn (on Wednesday)," Mr Rao said yesterday in an interview with The Standard.

The Standard has learnt that Kiplagat's questioning was based on the affidavit he filed before the Judicial Service Commission.

Among the issues he was to be questioned on are if he knew the judge, whether they had ever met before and how the alleged Sh200 million delivery was hatched and executed.

The judge had already denied knowing or meeting him. Kiplagat had claimed that he was to get a Sh30 million cut from the deal, which was reportedly not honoured.

Yesterday's session was put on hold until Tuesday next week due to the ongoing retirement age appeal.

The tribunal investigating Tunoi agreed to adjourn until next week as Tunoi's lawyer Fred Ngatia, who was to cross examine Kiplagat, was involved in his retirement age appeal.

"The appeal on retirement age was slated for hearing today. For those of us who are in practice, giving a matter of that magnitude to someone else at night is difficult. Even though he is not here, he is involved in managing the other process," Tunoi's assisting lawyer Paul Lilan told the tribunal.

Tunoi, given a session to address the tribunal, said he to make every effort to clear his name in the appeal case.

The dilemma in the trial and tribunal running concurrently is that the proceedings at the tribunal might be rendered useless if the Court of Appeal upholds a High Court decision that judges ought to retire at 70.