Secretary contradicts Ombudsman's evidence in Tunoi tribunal

Sarah Maina -Secretary to supreme court judge Njoki Ndungu who was a witness during Justice Philip Tunoi hearing at the Anniversary towers, Nairobi taken on 19th May 2016. [PHOTO:WILLIS AWANDU/Standard]

A secretary has disowned evidence before the Judicial Service Commission (JSC) that she reported that Geoffrey Kiplagat, the man who accuses Justice Phillip Tunoi of pocketing a Sh200 million bribe, frequented the judge's office.

The secretary to Supreme Court judge Njoki Ndung'u yesterday contradicted evidence given by Ombudsman Kennedy Bidali to JSC that she informed him that Mr Kiplagat was a frequent visitor to Tunoi's office in 2014.

Mr Bidali had told the JSC special committee that Sarah Wanjiku Maina, the secretary, intimated to him that Kiplagat was a regular visitor to the judge's office between May and August 2014.

The secretary denied ever seeing Kiplagat before the affidavit became public and burst into laughter when she was informed that Kiplagat had testified that she gave him tea, newspapers to read and made him comfortable whenever he paid Tunoi a visit.

The tribunal heard that judge Tunoi and Ms Ndung'u have a shared reception where their two secretaries sit and at the same time a single entry to their chambers although Tunoi has a separate door, which he seldom uses.

Tunoi's secretary Sophia Nyai also denied ever seeing Kiplagat at the Supreme Court building.

It also emerged that paying a visit to a judge or an office in the highest court in the land is casual as nothing is recorded to indicate that a person has entered the premises.

Tunoi's lawyer Fred Ngatia while questioning Nyai noted that anyone could get into the Supreme Court, trace the judges' chambers or offices and then casually walk out.

Governor Evans Kidero's secretary Alice Makhungu also said that she had never seen the former radio journalist at his office nor ever booked an appointment for him at the county.

Wanjiku was questioned by lead counsel Paul Nyamodi.

Nyamodi: What responsibilities do you have at the Judiciary since you were employed four years ago?

Wanjiku: Working for Justice Njoki Ndung'u as a secretary and typing proceedings for the court.

Nyamodi:  So you have been Lady Justice Njoki Ndung'u's secretary since you were employed.

Wanjiku:  Yes

Nyamodi:  Alright, aaam, in which chambers do you sit as Justice Njoki Ndung'u's secretary?

Wanjiku: Chamber number 13.

Nyamodi:  To which court is Justice Ndung'u assigned, which court does she sit as a judge?

Wanjiku: Supreme Court.

Nyamodi: Soo, so you sit at chamber 13 at the Supreme Court?

Wanjiku: Yes.

Nyamodi: Do you sit alone?

Wanjiku: No. I share the reception with another secretary.

Nyamodi: And what is her name?

Wanjiku: Sophia Nyai.

Nyamodi: To which judge does she attend?

Wanjiku: Justice Phillip Tunoi

Nyamodi: What are your responsibilities as Justice Ndung'u's secretary?

Wanjiku: Manning the office for her and receiving her visitors, who come on appointment.

Nyamodi:  You sit with judge Tunoi's secretary.

Wanjiku: Yes.

Nyamodi: Do you ever receive his visitors? Do you man his office?

Wanjiku: When she is on leave.

Nyamodi: Aaa, during the months of May 2014 and September 2014 was your colleague who attends Justice Tunoi ever on leave?

Wanjiku: Okay, I can remember on December.

Nyamodi: Now did you ever, during the time I have asked you, did you ever attend to any of Mr Justice Tunoi's visitors?

Wanjiku: I can't remember.

Nyamodi: But you share the same space as Judge Tunoi's secretary you are able to see visitors who come to see judge Tunoi.

Wanjiku: Yes.

Nyamodi: Now I want to show you a short clip and I want you to look at the clip carefully and will ask you questions after the short clip.

(Shown a clip of Kiplagat at the tribunal)

Nyamodi: Have you seen the image of the person clearly?

Wanjiku: Yes

Nyamodi: Between the months of May 2014 and September 2014 did you ever see that, the person on the screen visit justice Tunoi?

Wanjiku: No

Nyamodi: Have you ever seen him during the time you have been sharing the same place as Judge Tunoi's secretary, have you ever seen that gentleman?

Wanjiku: No

Nyamodi: Now Sarah were you ever interviewed or do you know a person called Kennedy Bidali?

Wanjiku: Yes I know him.

Nyamodi: How do you know Bidali?

Wanjiku: Mm, he works in Ombudsperson

Nyamodi:  He works in the Ombudsperson's office?

Wanjiku: Yes

Nyamodi: What work does he do?

Wanjiku: I think he is the boss there.

Nyamodi: Alright. Do you know what the Ombudsman does?

Wanjiku: Yes. They normally deal with complaints, eeh, may be the cases that have stayed in court or you have a case and you think its going well and you just go to the office and...

Nyamodi: If you have a complaint?

Wanjiku: Yes

Nyamodi: About a case in court then the office of the Ombudsperson deals  with it.

Wanjiku: Yes

Nyamodi:  Have Mr Bidali interviewed you eeh, regarding any matter?

Wanjiku: I can't say it was interview but okay I had a case, okay I had a complaint about a case in Milimani about my mom, which has stayed there since 1979 until today.

Nyamodi: Has he interviewed you about a complaint in respect to Mr Justice Tunoi?

Wanjiku: No

Nyamodi: He has never interviewed you about any complaint about Justice Tunoi?

Wanjiku: No

Nyamodi: Okay, now Mr Bidali appeared before the Judicial Service Commission, the special committee of JSC and he told that committee that he had spoken to you. He had interviewed you about Justice Tunoi and he had shown you the image of that gentleman in the screen and that you had confirmed to him that the gentleman was a regular visitor to Justice Tunoi.

Wanjiku: A point of correction, okay, as I was saying when I went to his office he never called me, I went to his office to complain about that case I was saying. So when we finished talking about the case, he showed me an image on his computer.

Nyamodi: (Pointing at the monitor) Like that?

Wanjiku: Yes, but that...the image he showed me was not this one, it was not this person.

Nyamodi: He showed you a different image?

Wanjiku: Yes

Nyamodi: Is he this person?

Wanjiku: No its not the person.

Nyamodi: Now,

Tribunal Chair Sharad Rao interjects: The image of that person is the person you said had been there.

Wanjiku: No

Nyamodi: When he showed you the image on his computer after you had taken your mother's complaint to him, what did he tell you, what did he say about the image, what did he tell you about him?

Wanjiku: He never asked me anything about the image.

Nyamodi: He just showed you the image, he dind't ask you a question?

Wanjiku: No, he asked me do you know the person, the image and I told him no, he never asked me any question?

Nyamodi: You did not confirm to him that you knew the person.

Wanjiku: No

Nyamodi: And you did not confirm that the person was a regular visitor to Mr Justice Tunoi's chambers.

Wanjiku: No

Nyamodi: Do you know that person?

Wanjiku: He, he is someone almost a celebrity, almost everyone knows him.

Nyamodi: When did you get to know about him?

Wanjiku: When he first appeared on the TV. I think it was on 24th, I can't remember if its January or February.

Nyamodi: So according to you he is now famous.

Wanjiku: Yes.

Nyamodi: And who is this famous person?

Wanjiku: I know him as Kiplagat.

Nyamodi: Now Sarah this famous person says he knows you and this famous person says he knows you because you have served him with tea, you have given him newspapers and wait for this one, you have made him feel comfortable every time he comes to see Mr Justice Tunoi.

Wanjiku: Okay we don't cook tea in our office.

Nyamodi: Have you served that gentleman with tea?

Wanjiku: No

Nyamodi: Have you ever given him newspapers?

Wanjiku: No.

Nyamodi: And whatever it means, have you ever made him feel comfortable?

Wanjiku: (laughing) that is ridiculous.

Nyamodi: And he says every time he went to visit and this is his word, you could not be mistaken for anybody else, so he is sure about you.

Wanjiku: Okay that's for him I don't know.

Nyamodi: Now the next point is important. Mr Kennedy Bidali who is the boss in the Ombudsman office appeared before the JSC and before JSC he says he had interviewed you and that during the interview you had informed him that you are aware of certain other matters which aaa Mr Justice Tunoi had intervened on behalf of others to get assistance in those matters in court. Is that true?

Wanjiku: No.

Nyamodi: Did you ever tell Mr Bidali anything like that?

Wanjiku: No.

Nyamodi: If he said you told him something like that, would he be telling the truth?

Wanjiku: No.

Nyamodi: Now Sarah, have you recorded, aaa, statement or did the Judiciary or Mr Bidali's office record a statement from you in regard to this matter?

Wanjiku: No.

Nyamodi: Was there a formal record that Mr Bidali showed you that image on the computer when you went to visit him?

Wanjiku: No.

Questioned by deputy chair Judy Guserwa:  Why did this man on the screen say that only you served him tea, you make him feel comfortable and he reads newspapers from your hand, why would he?

Wanjiku:  I would not know because, okay, unless he says. I don't know why he says because first of all I don't know him.

Guserwa: You know him?

Wanjiku: I know him. Has been in the papers and the media every time. Yes.

Questioned by lawyer Ngatia: Mr Bidali appeared before JSC and he said the things Mr Nyamodi had told you, did JSC call you?

Wanjiku: No

Ngatia: There are two or three metres away, did they call you to tell you about what Bidali said about you.

Wanjiku: No.

Ngatia: When was the first time someone called you about this matter of Judge Tunoi.

Wanjiku: I can't remember but the day I wrote the statement.

Ngatia: Here at the tribunal.

Wanjiku: Yes.

Ngatia: So the tribunal gave you the opportunity.

Wanjiku: Yes.

Ngatia: Chief Justice never gave you the opportunity.

Wanjiku: Yes.

Ngatia: Ombudsman Bidali did not give you an opportunity to write the statement?

Wanjiku:  No.