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Philip Tunoi tribunal gazettes new rules

By Kamau Muthoni | Mar 22nd 2016 | 2 min read

The tribunal investigating Supreme Court Judge Phillip Tunoi over bribery claims has gazetted the rules that will govern its operations.

The seven-member tribunal led by Sharad Rao will make public the outcome of Geofrey Kiplagat's petition within 14 days of conclusion of hearings.

Tunoi, who has been accused of accepting a Sh200 million bribe from Nairobi Governor Evans Kidero, must now write to the tribunal on whether the hearing should be conducted in camera or public.

"All decisions of the tribunal shall be in writing and shall contain a concise statement of the investigation, the points for determination, the decision thereon and the reasons for such decision upon each separate issue," the gazette notice reads.

"The decision of the tribunal shall be delivered in public on a date fixed for that purpose but not later than 14 days after conclusion of the proceedings," it adds.

According to the rules, the judge will also be entitled to representation by a lawyer and at the same time he will be entitled to cross examine his accuser. His lawyers had indicated that "the battle has started" meaning that they would utilise the opportunity to discredit Mr Kiplagat.

The hearings could also be conducted by three people, a chairman and two members. However, the challenge over Mr Rao's leadership is still lying in the High Court.

Justice Joseph Onguto will determine if he can continue to sit or not on Wednesday this week.

The rules further state: "The quorum necessary for the conduct of the hearing of the tribunal shall be the chairperson and two other members. Any irregularity resulting from failure to comply with any provision of this Schedule shall not in itself render the proceedings void or invalid, where the irregularity does not occasion a miscarriage of justice.

 The team is composed of justices Roselyn Korir, Judith Guserwa, Abdirashid Abdullahi, George Munji, James Kaberere, Rao and retired judge Jonathan Havelock.

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