Justice Tunoi fights back on graft allegations

Supreme Court Judge Philip Tunoi yesterday fought bribery claims against him, saying succession wars in the Judiciary were fuelling the allegations.

The 72-year-old judge will be the subject of a special sitting of the Judicial Service Commission convened today by Chief Justice Willy Mutunga in Nairobi,

the first ever touching on the integrity of a Supreme Court judge.

“In view of the seniority of the judge, the gravity of the allegations, and the public interest this matter has generated, I will be presenting this matter to a special sitting of JSC that I have summoned for Wednesday (today), 27th January," read a statement from Dr Mutunga on the matter.

Justice Tunoi, who has served in the Judiciary for the last 29-and-a-half years, rising from a High Court judge in May 1987 before his elevation to the Court of Appeal and appointment to the Supreme Court in 2011, said he was ready to quit the Bench if his accusers provided evidence of bribery.

He pointed at bad blood between old judges and magistrates serving in the Judiciary and the new ones who joined the rank and file under the new Constitution, and claimed that they were being discriminated against.

"There is a big disconnect between the two groups of servants in the Judiciary. To term old judges and magistrates as corrupt is a fallacy. There has been no attempt by the Chief Justice to get the collaboration of serving judges," he said.

"At the core of interest in my exit is a group of individuals clamouring to rise to the distinguished office of the Supreme Court judges. There are interest groups seeking to influence membership of the Supreme Court in 2017. These are the ladies and gentlemen who will preside and determine the presidential election petition," said the judge.

He added, "Many people have been asking me what the cause of this war could be. I have pondered over it and I have suggested and conclude that I am a senior member of the Supreme Court. Maybe the membership is worrying so many people... it is a question of which judge leans towards the Executive and which one is inclined towards the Opposition," he said.

Tunoi also claimed there is also a group of lawyers and judges in competition for the regional quota from the old Rift Valley province angling themselves for positions.

He said they are nine of them and some even "wish him dead".

"Some have refused to greet me after I refused to retire aged 70. One even told me if I win this case challenging my retirement I will regret. I am really shocked by these allegations that I received Sh200 million as judge to influence the election petition of Ferdinand Waititu against Governor Evans Kidero. My family is in tears and taken aback by these wild claims," said Tunoi, who was going about his duties at his Supreme Court Chambers yesterday.

Tunoi said apart from what he had seen and read in the media, no one had served him with any report. He added that the CJ had not asked him about his side of the story or what allegations are awaiting him, and he hoped and prayed for a fair hearing.

He was categorical about his future in the Judiciary: "I would not want to remain in the Judiciary if I feel I have disobeyed my oath of office, the oath to protect the Constitution and personal integrity. I would not hesitate to leave Judiciary if my accuser proves with evidence that I was compromised."

The judge added, "I have grown from a salary of Sh22,000 as a High Court judge to Sh750,000 as a Supreme Court judge. I have Sh15 million savings in my account and I have some 2,000 goats. I can go into farming and take with me my lump sum exit package of Sh22 million."

Tunoi explained that he did not believe any judge would receive a staggering Sh200 million and continue to serve in the Judiciary. "I have never received a single bribe in my career as a judge. I survived the Justice Aaron Ringera radical surgery. I survived the vetting of judges and magistrates by the Sharad Rao board. I am clean. There have been temptations but I have never fallen prey," he said.

Yesterday, lawyers said they would be watching to see how the CJ would preside over today's special meeting.

JSC member and lawyer, Tom Ojienda, said he would expect the CJ to step aside at the meeting because the case will be affecting the decision of a Bench he sits in.

Prof Ojienda said: "Allegations of bribery raise concerns and dents to the image of Supreme Court and Judiciary at large. But these are allegations so far and we do not want to read too much into it for now. We demand proper investigation on the matter because it touches on criminal offences."

Law Society of Kenya council member, James Mwamu, demanded that evidence be tabled for investigation.

"With text messages and phone GPS systems, it is possible to investigate and zero in on evidence. This should be scaled up, including forensic evidence," he said.

Tunoi pleaded his innocence. "I have never met Kidero physically. I have not shaken his hand. I have never spoken to him. I have seen him in pictures and on TV, that is the furthest I have been close to him.

He also reiterated that he had never met his accuser, Geoffrey Kiplagat. "I was told he comes from my county of Elgeyo Marakwet and ran for political office. I have never met him at close range. Unless he came to the Chamber, which is a public office, I do not know him."

During the case, six judges were unanimous and Njoki Ndung'u dissented. The judge said in the Kidero case, the seven Supreme Court judges wrote one judgement.