It's tribunal or freedom for Tunoi as team gives verdict

Today is D-day for Supreme Court judge Phillip Tunoi as a committee investigating bribery allegations against him gives its verdict.

Justice Tunoi is facing the possibility of being investigated by a tribunal should the six-member Judicial Service Commission committee be convinced by the affidavit sworn by former Kass FM journalist Geoffrey Kiplagat.

Kiplagat filed a petition alleging the judge was given Sh200 million by Nairobi Governor Evans Kidero to favour him in an election petition filed by Ferdinard Waititu after the 2013 elections.

On the other hand, if the committee is swayed by the defence mounted by the judge, Kidero and other players mentioned such as lawyer Katwa Kigen, businessman Michael Njeru and the judge will be free.

The probe started on January 27 after Chief Justice Willy Mutunga confirmed he had received the affidavit, which was sworn by Kiplagat on November 22,2014, claiming that Tunoi had been bribed.

THE FINDINGS

He formed the committee that is being led by Margaret Kobia. Other members of the special committee are Attorney General Githu Muigai and Justice Aggrey Muchelule, among others.

Before calling any of the players in the saga, the committee met for three days as they examined the report, which had been authored by the National Intelligence Service.

It was after this that it called Tunoi and Kiplagat, who appeared before it separately, and later met all the other people mentioned in the saga.

The committee was supposed to submit its findings to the JSC on Wednesday but appealed to be allowed to give its verdict today.

Among those who were grilled is the accuser (Kiplagat) and the accused (Tunoi), lawyers Issa Mansur and Kigen, governor Kidero and Njeru.

Article 168 of the Constitution provides that in the event it is satisfied that the petition discloses a ground for removal, it shall refer the matter to the President, who shall within 14 days on receipt of the petition suspend the judge from office and acting in accordance with the recommendations of JSC, appoint a tribunal consisting of four members, who are not in JSC. The tribunal is then expected to inquire into the matter expeditiously and make binding recommendations to the President.