Justice Phillip Tunoi tribunal summons Judiciary’s ombudsman

Justice Philip Tunoi (left) with his counsel Fred Ngatia during his hearing at the Anniversary towers,Nairobi after it was adjourned due to controversial Nation story, Tunoi's lawyer complains that the story sways public opinion against judge.taken on 19th May 2016. PHOTO; WILLIS AWANDU

Judiciary Ombudsperson Kennedy Bidali has once again been summoned to appear as a witness to give evidence in the ongoing case against Supreme Court judge Justice Phillip Tunoi.

Mr Bidali had failed to appear for cross examination on May 18 after a previous summon was issued, saying he was attending a judiciary meeting in Mombasa, but the tribunal argued that he had received the summons in good time. “We however note that whereas summons to Hon Kenedy Bidali were served upon him in good time, we were informed by your good office on his behalf that Hon Kennedy Bidali would not be attending the tribunal as scheduled.” He had excused himself through the Chief Registrar of the Judiciary’s Office rather than in person, something the tribunal took issue with.

“The tribunal wishes to express its displeasure with the manner in which Bidali’s non-attendance was communicated in the circumstances as summons were served to him personally,” reads the new summons to appear before the tribunal.

The tribunal indicated to Bidali that appearing before the tribunal as a witness was compulsory. “The Tribunal has directed that Hon Kennedy Bidali appears in person on Tuesday, May 31 2016 at 10 am without fail,” reads the summons.

Bidali had told the tribunal’s special committee that Supreme Court Judge Njoki Ndungu’s secretary had told him Geoffrey Kiplagat, who accuses the Supreme Court Judge of having received the Sh200 million bribe, had been a regular visitor to Tunoi’s office between May and August 2014.