Detective: Justice Philip Tunoi accuser did not file complaint

Assistant general police Stanley Cheruiyot. Judge Philip Tunoi’s accuser, Geoffrey Kiplagat, allegedly told Cheruiyot that the kickback was meant to soften the hearts of the entire bench. (PHOTO: EDWARD KIPLIMO/ STANDARD)

The entire Supreme Court bench was yesterday dragged into the Sh200 million bribery saga during proceedings of a tribunal investigating a judge.

Judge Philip Tunoi’s accuser, Geoffrey Kiplagat, allegedly told Assistant Inspector General of Police Stanley Cheruiyot that the kickback was meant to soften the hearts of the entire bench.

Cheruiyot, who is attached to the Directorate of Criminal Investigation, testified yesterday that Kiplagat allegedly told him that Tunoi was to get the booty and share it with the rest.

The tribunal is probing claims by Kiplagat that the judge received the bribe from Nairobi Governor Evans Kidero to ensure a ruling that favoured him in an election petition.

The Supreme Court is composed of Chief Justice Willy Mutunga, his deputy Kalpana Rawal, Justices Tunoi, Njoki Ndung’u, Smokin Wanjala, Mohamed Ibrahim and Jackton Ojwang.

Cheruiyot, however, testified that he concluded Kiplagat was peddling lies when he declined to record a statement on the allegations in order to have proper investigations and disappeared after promising to come back with ‘tangible’ evidence to prove that Tunoi used the alleged kickback to buy land in his home area.

According to Cheruiyot and police constable Peter Kiptoo, who also testified yesterday, all Kiplagat wanted was to have them threaten Kidero and Tunoi so that they could give him Sh30 million facilitation money.

Kiplagat was taken to Cheruiyot by Kiptoo after confiding in him about his alleged involvement.

He (Kiplagat) had called the constable, on phone, 20 times without reaching him and when he picked up they agreed to meet at the DCI headquarters on Kiambu road on October 17, 2014.

The two officers were taken to task as to why they did not investigate the issue, and also have Kiplagat charged for being an accomplice to crime but they told the tribunal that it was impossible as no formal complaint was filed before them.

Kiplagat had denied ever going to CID to seek ‘reinforcement’ in a bid to recover his alleged cut from the bribe.

Cheruiyot told the tribunal that he believed that Kiplagat was just an extortionist.

Constable Kiptoo was questioned by assisting counsel Paul Nyamodi.

Nyamodi: What happened on October 17, 2014?

Kiptoo: On that day, at around 11, a person who is known to me as Mr Lelmet and wanted us to meet called me. On that day I was available. I told him to come to my place at the CID headquarters.

Nyamodi: You had his number?

Kiptoo: Yes.

Nyamodi: And he had yours?

Kiptoo: Yes.

Nyamodi: Did he come to your place of work?

Kiptoo: Yes.

Nyamodi: What happened when Lelmet came to your place of work?

Kiptoo: When we met, he narrated his story. He said what he wanted from me. He told me he (had done) his job and he wanted us to recover the money because he (had) finished the deal and he was not getting the money.

Nyamodi: He told you that he was to be paid Sh30 million by whom?

Kiptoo: By the agents of the two – agents of Kidero and justice Tunoi. When I heard him mentioning these big names and recovering the money, which was illegal, I decided to take him to one of my bosses to hear the story because it was a unique story.

Nyamodi: Why do you say it was illegal?

Kiptoo: Because it was not something genuine.

Nyamodi: You took him to your boss?

Kiptoo: Yes to my boss in charge of legal affairs for advice or any action.

Nyamodi: What is your boss called?

Kiptoo: Stanley Cheruiyot.

 

The assistant IG questioned by lead counsel Paul Nyamodi 

Nyamodi: Do you remember what happened on October 17,2014?

Cheruiyot: Yes I remember I was in my office when one of my officers by the name Kiptoo, he is a corporal and a driver, came with another unknown person.

Nyamodi: What did he tell you?

Cheruiyot: Kiptoo told me he was his friend and he had a problem which required me to assist.

Nyamodi: Did he tell you the name of his friend?

Cheruiyot: Yes, he told him to introduce himself and he said Kiplagat Lelmet.

Nyamodi: Did you get to know the nature of assistance he was seeking?

Cheruiyot: Yes, I welcomed the said Lelmet to my office and I told him to feel free and tell me the problem he had. He told me somebody who was sent by Nairobi Governor Kidero to help him win a case, which was in the Supreme Court through Justice Tunoi, had approached him.

He told me that Honourable Kidero has a case in the Supreme Court. He told me that the agent knew that he knew Justice Tunoi.

Nyamodi: Did he disclose the nature of the relationship with Justice Tunoi?

Cheruiyot: He told me they come from the same area and he (had known) him for long.

Nyamodi: Is that all he told you?

Cheruiyot: He told me that he accepted and he approached Justice Tunoi. And Justice Tunoi gave him some people who he told us were his agents. Justice Tunoi told him these are the people you will be dealing with. He started working with two agents, the agents of Justice Tunoi and Kidero.

Nyamodi: Did he share with you the name of the agents?

Cheruiyot: He was very evasive, he did not tell me. He told me that they agreed to meet at a certain petrol station in Nairobi, I can’t remember where and Kidero’s people gave the Sh200 million. Then I asked him how the money could fit in a briefcase he told me the money was paid in dollars so the briefcase was enough to carry it. He further told me Kidero does not use Kenyan money, he uses dollars and the said agents told him that your Sh30 million was to be paid by Justice Tunoi.

He said that he called Justice Tunoi to give him the money but to no avail. They started evading him. He later learnt that Justice Tunoi had bought land in his home area. He (Kiplagat) became angry and he wanted our help to recover his money from either Justice Tunoi or Governor Kidero.

Nyamodi: Did you enquire why he wanted your help?

Cheruiyot: He told me that Kidero “would not bother sorting me out so if I don’t get my money from justice Tunoi, I would later get it from Kidero as they were both in the deal”.

Nyamodi: All he wanted was his money.

Cheruiyot: Yes and I told him it was bordering on illegality. He told me to give him plainclothes policemen to accompany Kiptoo to go threaten Justice Tunoi or honourable Kidero or give him police officers in uniform and handcuffs to go to Kidero’s office or I accompany him together with Kiptoo. Those are the three options he gave me saying, “If the two people see the police because they are aware that they are high profile, they will get shaken. They will feel threatened and they will give me my money.”

Nyamodi: Was Lelmet’s request a day-to-day issue to the police?

I was shocked and I advised him that police do not harass members of public, especially high calibre people and told him it bordered an illegality and extortionist. I advised him if he wanted police assistance, he should file his complaint with the complaints department or report to any police station. I also offered to take him to the anti-corruption commission but he told me in plain language that my main issue was not investigation of the case but “I get back my money”.

In the course of the conversation, I asked him in case you file a case what evidence do you have so far against the said government officials. He told me the conversation with justice Tunoi was enough to confirm that I know Justice Tunoi and had been dealing with him. More so the land transactions that judge Tunoi had recently would prove his case. I told him we would confiscate his mobile phone for forensic audit if you were willing to file the case. He refused to file a complaint. He told us he would think about it.

Lawyer Fred Ngatia: Mr Cheruiyot, you are an advocate and at the same time a police officer. I will engage you as such. What was your rank?

Cheruiyot: I was an assistant Inspector General, third in rank.

Ngatia: Judge and I are puzzled about the incident. Here is a fellow who comes to you and he is an accomplice. Let’s break it down. Was he an accomplice?

Cheruiyot: Yes. In fact I was thinking that this man should be put in for being accomplice but again I was thinking that he was a whistle blower so we cannot again take him as a suspect. He is a potential suspect.

Ngatia: We are using many words wakili. Let’s be plain about it. By his own confession is he an accomplice, yes or no?

Cheruiyot: It’s true.

Ngatia: He wants you to commit a crime of extortion?

Cheruiyot: True.

Ngatia: He is a man who tells you what any other citizen would be reluctant to tell you inside CID headquarters. In your experience, have you had such an incident? Somebody coming to tell you he is an accomplice in a Sh200 million bribery, corruption deal in the Supreme Court.

Cheruiyot: I have never had that and that is why I say I was shocked. I felt like putting him in unfortunately I treated him as a whistle-blower. I could not suppress the complaint of Kiplagat.

Ngatia: As a lawyer, you know there were seven judges hearing this case at the Supreme Court or you didn’t know. Was judge Tunoi alone handling it?

Cheruiyot:  I knew.

Ngatia: He didn’t make a complaint against any of the other six?

Cheruiyot: No.

Ngatia: Just one?

Cheruiyot: He said that Justice Tunoi was to sort out all the rest.

Ngatia: So to sort out the rest?

Cheruiyot: Yes.

Ngatia: Whatever that means. Here you are, this astonishing allegation comes to you and this gentleman is reluctant to record a statement. Is that correct?

Cheruiyot: Actually it was not a statement as such but it was a complaint somehow as he came to CID to make an oral complaint. So I told him to reduce the complaint in writing and he refused. So we could not go further than that since there was no complainant. What he said was that he wanted his money.

Ngatia: He didn’t want investigations?

Cheruiyot: Yes.

Ngatia: You also mentioned that Kiplagat was evasive. What do you mean by evasive?

Cheruiyot: Your honour, your Lordship...

Tribunal’s chair Sharad Rao interjects (He didn’t use that word)

Ngatia: He did.

Cheruiyot: Your honour, yes I did use that word. I said every time I asked Kiplagat questions to clarify issues, he couldn’t actually come out clear. Like the issue of agent, I insisted who are these agents but he could not give a concrete position.

Questioned by retired judge Jonathan Havelock.

Havelock: Here is a gentleman who comes to your office and tells you a story affecting very senior people in the land. Why did you not investigate the story?

Cheruiyot: Aaa your Lordship, a complaint is investigated after a person has filed a complaint. I advised Kiplagat to file an official complaint when he came to CID headquarters. He had not come to file an official complaint. He was coming to seek assistance to recover his money, which was totally leaning on extortion and I requested Kiplagat to file his complaint so that the matter can be investigated officially.

When he didn’t return, I concluded Kiplagat was an extortionist who did not want the matter to be investigated. I was surprised to see him again making similar allegations in the papers and in the TV. Otherwise if he had come, we would have investigated the case.

 The tribunal will today visit the petrol station before calling back Kiplagat on the stand for further questioning.