Judiciary starts internal investigation on Tunoi bribery case

Chief Justice Willy Mutunga failed to table the decisive investigative report on on graft claims against Supreme Court Judge Philip Tunoi yesterday. [PHOTO: FILE/STANDARD]

NAIROBI: The Judiciary has resorted to internal investigations on Supreme Court Judge Justice Philip Tunoi who was accused of receiving a Sh200 million bribe.

In what appears to follow the same model used against Nancy Baraza, the first deputy chief justice under the new Constitution, Justice Tunoi will await the verdict on if there is enough evidence to face administrative action or criminal charges.

However, Kenyans could wait a little longer to see decisive action if Mr Tunoi maintains he is innocent.

Meanwhile, Nairobi Governor Evans Kidero has remained tight-lipped on the matter in which he is alleged to have issued a Sh200 million bribe to induce judgement in a petition filed by Kabete MP Ferdinand Waititu who was his competitor.

All other persons mentioned in the bribery claims have spoken out, including Justice Tunoi who said he was innocent.

The 72-year-old would be probed for abuse of office if the Judicial Service Commission adopts a report on the allegations and decides to suspend him.

This comes in the backdrop of a separate case before the Court of Appeal, which would tomorrow determine Tunoi's retirement age from the Judiciary as a judge of the Supreme Court.

Lawyer Gitobu Imanyara, however, dismissed the role of the committee, saying it does not have investigatory powers and cannot assume the role of a tribunal.

PUBLIC CONFIDENCE

"The key thing is that the entire Supreme Court now faces perception questions, which dent the public confidence. Are Supreme Court judges beyond reproach? Is Justice Tunoi as clean as Ceasar's wife?" posed Mr Imanyara. Ethics and Anti-Corruption Commission (EACC) Deputy Chief Executive Michael Mubea, said they are waiting for a file from the CJ's office before they commence investigations on the alleged graft.

"So far there is no file and we will keep waiting before we commence investigations on our end," said Mr Mubea.

Tunoi is currently in office on the strength of a court order, pending the determination of an appeal, in which had prayed to be allowed to retire at 74 in line with the old Constitution. The new supreme law pegs retirement of all judges at 70.

"It is not the business of the committee to determine if there was a bribe or not. They cannot even cross-examine Justice Tunoi," said Imanyara.

The committee will summon Tunoi to defend himself against the accusations before it makes its decision.

This will happen if the team appointed yesterday to look into the allegations, confirms them.

If they find his defence unsatisfactory, they will suspend him and forward the findings of the report to the Director of Public Prosecutions (DPP) who will institute another probe.

It will be at that point that the commission will ask the President to form a tribunal to probe Tunoi.

The DPP will decide whether he will involve the police or EACC in the probe.

Officials at the Office of the DPP yesterday said they were yet to see the file from JSC.

"As per the CJ's statement, if any, the report will be sent here after their meeting. It has now been extended by more than a week," said an official who asked not to be named.

JSC met to look into the findings of a report that Chief Justice Willy Mutunga had probed and instead set up a special committee to consider the allegations.

This came after a journalist, Geoffrey Lelmet Kiplagat, said he knew the judge was given a Sh200 million bribe to influence the outcome of a poll petition on Nairobi Governor Evans Kidero. Kidero and the judge have denied the claims.

Mr Lelmet swore an affidavit to back his claims.

An official familiar with affidavit issues said Lelmet may not sustain a case or stand trial because he is the only witness for now.

"The worst that can happen is to see the judge face abuse of office charges. That will depend on what his driver and bodyguard and any other witnesses say if and when the issue goes that far," said the official.

If the file is sent to the DPP, the judge's driver and bodyguard would be among the persons of interest.