Justice Philip Tunoi accuser 'relied on me for cash'

Witness Geoffrey Kiplagat during the hearing of Justice Philip Tunoi tribunal at the Anniversary towers, Nairobi. April 12th 2016. Photo/Elvis Ogina (Nairobi)

A Nairobi businessman yesterday denied being involved in alleged scheme to bribe Supreme Court Judge Philip Tunoi.

A tribunal investigating the judge heard how Tunoi's accuser used to receive money from the businessman he claimed was involved in the bribery plot.

Nairobi businessman Mike Njeru denied allegations by Geoffrey Kiplagat that he approached him to contact the judge to help Governor Evans Kidero in an election petition at the Supreme Court.

Mr Njeru said he had never met Tunoi before and only saw him for the first time on Wednesday at the Sharad Rao-led tribunal that is investigating claims by Kiplagat that Tunoi received a Sh200 million bribe from Kidero.

He recounted how he gave handouts to Kiplagat, a former journalist, as a good friend.

He said the money he gave Kiplagat ranged from Sh2,000 to Sh20,000 for him to buy food for his children and pay rent, even as he tried to portray him as an ungrateful individual.

Justice Tunoi, who has since been suspended, is alleged to have received two million dollars (Sh200 million) in order to influence an election petition against Dr Kidero, filed by election challenger Ferdinand Waititu.

He narrated to the tribunal sitting at Anniversary Towers in Nairobi that he heavily financed Kiplagat's political campaign after he unsuccessfully vied for the Keiyo South parliamentary seat on an ODM ticket in 2013.

Njeru was questioned by Senior Counsel Fred Ngatia.

Ngatia: How can you describe your relationship with Geoffrey Kiplagat between September and December 2014?

Njeru: It was very cordial. I got him a job at Ghetto Radio which he left after a short while. I used to often give him financial assistance whenever he asked me to. He kept on pestering me for cash whenever he visited my office and at my residence, saying he did not have money to buy food for his children.

Ngatia: Apart from you, was there another benefactor?

Njeru: None that I know of because he kept coming back to me for assistance, becoming a pain to me sometimes.

Ngatia: What was your relationship with him in January 2015?

Njeru: Still very cordial. I even planned to introduce him to John Osogo, an aide of Governor Kidero, to assist him get employment at County Hall after he expressed interest in working for the county government.

Ngatia: Did you at any one time ask him to approach Judge Tunoi to help Governor Kidero in his case at the Supreme Court?

Njeru: I never did that. I even did not have an idea that he knows the judge. He never told me he knew Justice Tunoi. I was not involved in any way in the petition by the governor. He never sought my assistance in the matter.

Ngatia: For the record, have you met the judge before? Have you called him or had any desire to meet him?

Njeru: I saw the judge for the first time physically yesterday (Wednesday) at this tribunal. I have never contacted him nor waited for him at a restaurant as claimed by Mr Kiplagat.

Ngatia: Mr Kiplagat, in his own words, describes himself as 'a networked journalist'. Do you agree with his assessment of himself?

Njeru: That is not a correct statement of himself. If he was connected and networked as claimed, he would not look for a job for that long and depend on me for handouts. He was a pain to me.

Ngatia: On February 16, 2015, he sent you an email containing his affidavit. The subject of the email is 'soma nusu', I will send you next half kesho'. On Thursday, February 19, you got another document. What was your reaction when you got the email?

Njeru: The first thing I did was call my good friend John (Osogo) at the governor's office. I was shocked and perturbed to receive that kind of document from Mr Kiplagat, somebody I knew very well and he knew my friends and he could come to my office any time and he was treated well. I asked John if there was anything he did concerning the said affidavit or he was involved with any issue concerning the governor's case. He said there is nothing like that.

Ngatia: Did you call Kiplagat?

Njeru: He didn't pick up my call. The first person I called was Kiplagat, he did not answer.

Ngatia: Did you ever try calling him again?

Njeru: I did. But he did not pick my calls. I was forced to call John and ask him if he had received the document and he said no.

The sittings have been adjourned to May 17, 2016, to give Njeru time to verify if indeed Mr Kiplagat sent him an email on February 2015 and ascertain its contents.

This was after he failed to access his email, noting he has to consult his IT specialist to retrieve it.