President Uhuru Kenyatta yet to receive petition on Tunoi probe

President Uhuru Kenyatta has not yet received a petition to form a tribunal on justice Phillip Tunoi’s bribery claims.

State House Spokesman Manoah Esipisu said the President was awaiting communication from the Judicial Service Commission (JSC) before setting up the tribunal.

Under article 168 of the Constitution, the President has 14 days upon receiving the petition from JSC to suspend the Supreme Court judge from office and appoint a tribunal to investigate him.

Justice Philip Tunoi

But Justice Tunoi will continue earning half of his remuneration and benefits until he is removed from office or reinstated.

The tribunal should have seven members including a chairperson and three other members who hold or have held office as judges of a superior court or who are qualified to be appointed as such but have not been members of the JSC within the previous three years. It must also have one advocate of 15 years standing and two other persons with experience in public affairs.

If Tunoi disagrees with the decision of the tribunal, he is allowed to file an appeal to the Supreme Court.

The President is required to uphold the decision of the tribunal if the judge does not appeal.

 President’s portrait

Esipisu also indicated the President is expected to participate in a two-day summit between the State and governors at Sagana State lodge in Nyeri County.

He also said no Kenyan is being compelled to put the President’s portraits in their business premises, saying such reports are not accurate.

Reports have emerged that chiefs and other members of the Provincial Administration are pressuring people in Western Kenya to have the portraits in their premises. This was allegedly in response to Siaya Governor Cornel Rasanga who called on Opposition governors to pull down portraits of President Kenyatta in their counties and replace them with those of CORD leader Raila Odinga.

“Portraits of Presidents have always been up in terms of existing tradition and we are not fleeing away from that tradition. But no one is being coerced,” he said.