Team may have fresh evidence against Supreme Court judge Philip Tunoi

Supreme Court judge Philip Tunoi

Supreme Court judge Philip Tunoi could be confronted with fresh evidence when he faces a tribunal investigating him.

Justice Tunoi, who is accused of obtaining a Sh200 million bribe from Nairobi Governor Evans Kidero, will appear before the tribunal on April 4 at 10am.

But Kenyans may not be able to follow the tribunal's proceedings live as the hearings are scheduled to be held in camera, unless Tunoi chooses to have the sessions conducted in public.

Apart from facing the summaries of facts contained in an affidavit sworn by his accuser, Geoffrey Kiplagat, a document containing what would be termed as the charges against Tunoi notifies him that more material "presently available to the tribunal" will form more basis of his trial.

The "private and confidential" document containing the list of allegations and summary of facts, was sent to the Judge by lawyer Paul Nyamodi, who is the tribunal's Lead Assisting Counsel.

Mr Nyamodi also notified Tunoi that there will be a pre-trial conference on March 31 at 2pm at the tribunal's offices at Anniversary Towers.

Nyamodi forewarns the judge that the tribunal will not only rely on Mr Kiplagat's sworn affidavit, giving a thinly-veiled indication that the tribunal was in possession of other information that form the summary of facts against Tunoi.

"The above summaries of fact are based on the affidavit of Kiplagat sworn on November 22, 2014 and other material presently available to the tribunal and are subject to such further evidence that may be available to the Tribunal," the Lead Assisting Counsel told Tunoi.

The document stamped as received by the Chief Registrar of the Judiciary on March 18 lists four allegations that Tunoi will face.