Justice Tunoi found culpable of gross misconduct, to face tribunal

Nairobi, Kenya: Justice Philip Tunoi to face tribunal which will further investigate gross misconduct allegations, JSC committee recommends.

The Judiciary was recently jolted by claims that a senior judge received money to influence a case at the highest court in the land.
Chief Justice Willy Mutunga confirmed he had in November received a complaint against Supreme Court Judge Philip Tunoi and that he had ordered thorough internal investigations.

Justice Tunoi is alleged to have received two million dollars (Sh200 million) in order to influence an election petition against Nairobi Governor Evans Kidero, filed by election challenger Ferdinand Waititu.
The Margaret Kobia lead team had for the past one week held closed-door meetings to examine documents presented by the whistleblower.
According to Mr Kiplagat, the whistle blower several meetings were held in Kileleshwa, which resulted in the deal.

The bench in the Waititu case comprised justices Tunoi, Njoki Ndung'u, Smokin Wanjala, Mohamed Ibrahim and Jackton Ojwang'. When the allegations were aired by TV, all the people mentioned in the affidavit dismissed the claims as pure lies.

Dr Kidero's lawyer, Tom Ojienda, defended the governor saying: "He has never met any of the Supreme Court judges for whatever reason. He doesn't know about these (allegations). He has never seen the affidavit. He will need more time to respond appropriately."

Lawyer Katwa Kigen, whom Kiplagat claims picked him and "the boss" to deliver the money, said: "These are total lies. I do not know why someone would want to make up such a story."

Article 168 of the Constitution provides that in the event it is satisfied that the petition discloses a ground for removal, it shall refer the matter to the President, who shall within 14 days on receipt of the petition suspend the judge from office and acting in accordance with the recommendations of JSC, appoint a tribunal consisting of four members, who are not in JSC. The tribunal is then expected to inquire into the matter expeditiously and make binding recommendations to the President.