Justice Philip Tunoi

Justice Philip Tunoi has been invited to appear before a special Judicial Service Commission (JSC) committee to defend himself against bribery allegations.

JSC Secretary Anne Amadi wrote to Justice Tunoi asking him to appear before the committee this morning in the Chief Justice’s boardroom.

“In light of the above and in order to shed light to the allegations, you are therefore invited to appear before the committee on February 1, 2016 at 11am at the Supreme Court Building, CJ’s boardroom, ground floor,” reads part of the letter.

The letter dated January 28 also explained the reasons for the formation of the committee, saying one Geoffrey Kiplagat had made bribery allegations against Tunoi.

“The allegations in a nutshell are to the effect that your honour received over Sh200 million from Nairobi Governor Evans Kidero as an inducement to rule in his favour in an election petition filed by Kabete MP Ferdinand Waititu in 2014.”

Both Tunoi and Dr Kidero have denied the claims contained in an affidavit sworn by the petitioner, who has claimed he facilitated the payment.

The committee chaired by head of the Public Service Commission Margaret Kobia, will be probing Tunoi’s conduct, looking at the evidence gathered against him, calling witnesses and summoning him to defend himself before it can prepare a comprehensive report in seven days.

Other members of the special committee are Attorney General Githu Muigai, Justice Aggrey Muchelule, Chief Magistrate (Makadara) Emily Ominde, Winnie Guchu and Kipkorir Bett, who are commissioners of the JSC.

Tunoi has retained at least three lawyers led by Fred Ngatia to defend him when he appears before the team.

Prof Kobia said the team is not a tribunal and would not be cross-examining either the accuser or the accused.

The full commission will later meet and look into the findings of the committee before they decide the way forward.

A number of people are mentioned in the affidavit and it is not clear if they have all been invited to appear before the committee.