Judge Philip Tunoi: I am determined to face a tribunal to clear my name

Embattled Supreme Court Judge Philip Tunoi during the interview, 26/1/2016 PHOTO BY GEORGE NJUNGE

Embattled Supreme Court Judge Philip Tunoi is scheduled to appear before a JSC probe team tomorrow to respond to bribery allegations against him. The Standard on Sunday writer NZAU MUSAU AND FAITH RONOH sought answers from the judge on a number of issues around the allegations. Excerpts.

QUESTION: Have you received summons to appear before the JSC committee investigating you?

ANSWER: Yes. On 28th January 2016, at about 3pm, I received summons to appear before the JSC Committee investigating bribery allegations against me. It is indicated that I need to appear before the committee on Monday, 1st February 2016 at 11am at the Supreme Court Building. I have not been notified on whether I should be accompanied by my advocate but whichever way I am ready to appear before the committee and answer whatever questions they have.

Q: Have you been briefed on the scope or details of the investigations they are undertaking?

A: No one has briefed me, not the JSC committee, not the CJ, no one. No one has given me the said investigative report and I am surprised that they have been carrying out investigations silently without informing me.

Q: National Intelligence Service (NIS) reports confirm you have had mobile exchange with Geoffrey Kiplagat. What is the nature of the exchanges?

A: All the text messages that appear in Mr Kiplagat's affidavit are concocted and structured for the purposes of fixing me. It is shown that they came from my cell phone number but this number is available to so many people and can be obtained from my business premises in Eldoret or even from the Judiciary. All the court clerks also have my number. So anyone can get my number from anywhere and claim that we had whatever exchanges. Kiplagat might have tried calling me unknowingly but I did not talk to him because normally I don't talk to people I don't know. He even confirms in his affidavit that he tried to contact me over 10 times but we never met.

Q: What is your relationship with Kiplagat?

A: I have never met Mr Kiplagat or communicated with him on phone. On Monday, 25th January 2016, just after the story had been aired the previous evening, I made frantic efforts within Eldoret town and Chepkorio in Elgeyo Marakwet to inquire about him. I was informed that he is a man of no fixed residence currently. I also discovered that he has a bad reputation and had been dismissed from Kass FM in early 2013 for extortion. I know nothing about him beyond this.

Q: If indeed the JSC confirms there's a substantive case against you, are you willing to go the whole hog to face a tribunal?

A: If they make a decision which is not favourable, the President will set up a tribunal to investigate the matter further. If this happens, then I will be willing to appear before it to clear my name.

Q: The question everyone is asking is why you? The affidavit talks about other people including some mysterious two ladies who allegedly had also received a bribe, why did they pick on you?

A: First, it is very crucial to note that the war against me relates to succession in the Supreme Court. In publications by Nairobi Law Monthly, for instance, they have demanded for several months that I leave the Judiciary for no apparent reason. In August 2015, in a paper presented before the judges in Mombasa, Ahmedasir Abdullahi (publisher of The Nairobi Law Monthly) demanded my exit from the Judiciary saying I had overstayed and that I was past the retirement age. The other reason all eyes are on me is that there are judges eying the seat and believe that I should relinquish my position for them. My enemies thought that I may win my ongoing case to retire at 74 years or worse still the case could take ages to resolve. That is why they designed this scheme to get me out of the Judiciary.

Q: Regardless of guilt or lack of it, what do you think is the impact of such corruption allegations to the highest court in land in terms of reputation?

A: The reputation of the Supreme Court has been damaged but in due course, I am confident that this will be sorted out and its former reputation restored.

Q: From the legal battles panning out, do you think the country would have a fully constituted Supreme Court by the 2017 election?

A: It is difficult to tell because of the ongoing wrangles and quarrels which may take long to resolve.

Q: The general tone of your responses since all this came up is that it's all cooked up within Judiciary. Do you think the Chief Justice Willy Mutunga is in any way involved in this?

A: As I have said, this has something to do with the composition of the Supreme Court during the general elections next year. I think the CJ has not given good leadership in the succession war. He has said before that he has interest in the choice of the next CJ. If I were to retire at the age of 74, probably I could have made some significant contribution towards the choice of the next CJ.

My general feel is that there are forces within the Judiciary who do not want my stay here. There is one judge who is already appearing before a tribunal for corruption allegations but nobody even in the JSC has gone to the media about the matter as they have done in my case.

Q: Have you presented a statement of response to the committee?

A: I am going to file my replying affidavit within the timelines given. I will also attach to the affidavit a statement under oath by advocate Katwa Kigen. In his statement, he is denying all the allegations made by Mr Kiplagat.

Q: Have you ever received or given a bribe during your tenure in the Judiciary?

A: I have never given or received a bribe in my service as a judge or public servant even before I joined the Judiciary.