Now shocking details emerge in Phillip Tunoi bribery claims probe

Shocking revelations emerged Wednesday at the tribunal investigating Sh200 million bribery allegations against suspended Supreme Court judge Phillip Tunoi.

The tribunal heard that Judiciary’s Ombudsman Kennedy Bidali advised Tunoi’s accuser Geoffrey Kiplagat to “spill the beans” in the media the first time they met in Eldoret on account it would “scare those he thought were a threat to his life”.

Bidali admitted to having told Kiplagat the same and he was quoted saying: “Have you considered going to the media. You have worked for Kass, you now the impact it has.”

Interestingly, Kiplagat went public on TV two days before Bidali submitted his findings to Chief Justice Willy Mutunga. Kiplagat was interviewed on January 24, whereas Bidali gave his boss his investigation’s report two days later.

At the same time, it turned out that when Judicial Service Commission (JSC) made its finding, it ruled that the judge had improperly conducted himself as he allegedly communicated with Nairobi Governor Evans Kidero’s agents when the case was ongoing. JSC chair, Mutunga, in his petition to President Uhuru Kenyatta to suspend the senior judge and form a tribunal, never mentioned the same and instead put the bribery issue forward.

.

Keep Reading

•  Government splashes Sh100m for tourists comfort zones in counties
•  All our constitutional reform initiatives have been on roller coaster
•  Human cases of bird flu 'an enormous concern': WHO
•  Ruto in Times 100 most influential people
•  EACC recovers Sh100 million land in NakuruPremium

The tribunal also heard that the CJ introduced the National Intelligence Service Officer who allegedly made the incriminating report, which was disowned on Tuesday to Bidali.

The Chief Registrar of the Judiciary Ann Amadi was also sucked into the controversy as the ombudsman testified that she allegedly intimated to him that Tunoi “never submitted his wealth declaration during the course of investigations, although the information was held in confidence”.

The tribunal also heard that JSC did not bother to verify information on whether the judge bought land, travelled to Italy with his wife from October 2014 and bought two tractors using the alleged bribe. Bidali testified that he told JSC special committee to investigate further as he had not managed to find anything on the same. The judge lamented that his employer went ahead to indict him without any verification as no information was handed over as proof.

Tunoi produced his passport and a letter from the CJ dated September 9, 2014 indicating that he was in the UK together with his colleagues in the Supreme Court at the time his accuser claimed he was in Italy with his wife.

It was also revealed that judges of the Supreme Court were not in recess as had been alleged by Kiplagat.

Bidali’s role to investigate judges and magistrates was also put to question, as the Constitution only mandated JSC to carry out the same.

(Bidali gave feedback on if Supreme Court was on session or not)

Bidali: I have managed to speak to the registrar of the Supreme Court, she confirms to me that during the month of August 2014, the Supreme Court did sit and did not take a break and she confirms from the conference notes they sat throughout.

Lawyer Fred Ngatia: From what has been gathered, the Supreme Court did not go on vacation on August 2014.

Bidali: Correct.

Ngatia: Arising from the last question, lets go back to page 37 of the document we were going through, we were at Roman four, could you read it.

Bidali: The committee takes cognizance of the fact that Mr Kiplagat knew that judges of the Supreme Court had been recalled from vacation. This is not  the kind of information ordinarily in the general public unless one has inside information on what is going on.

Ngatia: Would you know what vacation JSC is talking about given what you have been informed by the registrar?

Bidali:  Aaa, given what I have been informed, it would appear they never went on vacation.

Ngatia: Yes, which now means this statement is factually incorrect.

Bidali: Yes, based on what I have just learnt.

Ngatia: Now you must pardon me for this word I use, casualness. This information could have been ascertained, as you ascertained.

(On spilling the beans)

Ngatia:  Before we went on recess, we saw the importance of NTV interview. Then it was followed by your report to the Chief Justice.

Bidali:  Correct.

Ngatia: The interview made any other verdict difficult other than what you found in the public mind. He (judge) was tried and convicted.

Bidali: Well in our view, we had our processes and we relied on evidence we had...

Ngatia: Was it part of your process Kiplagat to go to the media.

Bidali: For safety in numbers over the threat of his life yes. You don’t want to interview a person and the next day he is dead.

Ngatia: Did you actually be modest in mind to know that he has been safe even before this; he was safely Eldoret for one year?

Bidali: He was apprehensive.