President to form tribunal to probe Justice Tunoi over bribery allegations

President Uhuru Kenyatta has finally received a report from the Judicial Service Commission (JSC) that sets the stage for the formation of a tribunal to probe Supreme Court Judge Philip Tunoi over bribery allegations.

The handing of the report and petition to form the tribunal comes 10 days after JSC found substantive grounds that show the 72-year-old Judge could have colluded with representatives of Nairobi Governor Evans Kidero in a case challenging Kidero’s election.

Under article 168 of the Constitution, read along with section 31 and 32 of the Judicial Service Act, the President shall, within fourteen days of receiving the petition from JSC, suspend the Judge from office and appoint a tribunal to probe the Judge.

The tribunal will consist of seven members.

The chairperson, and at least four other members, shall hold or have held office as Judges of a Superior Court, or have qualified as such, and shall not have been members of the JSC at any time within the immediately preceding three years.

The fifth member of the tribunal shall have been an advocate for a minimum of 15 years. The final two members shall be qualified practitioners with experience in public affairs.

The tribunal will inquire into the matter expeditiously and shall report on the facts and make binding recommendations to the President.

The President shall uphold the tribunal’s recommendations if the Judge aggrieved by the decision of the tribunal does not file his appeal with the Supreme Court within 10 days after the tribunal makes its recommendations; or, if an appeal is taken and the final order in the matter affirms the tribunal’s recommendations.

Early this month, the JSC committee led by Public Service Commission (PSC) chair Prof. Margaret Kobia indicated: “Whether or not there is material to suggest that a bribe was given to the Hon. Justice Philip Tunoi to influence the decision in Supreme Court election petition No. 18/2014 Evans Odhiambo Kidero and 4 others-Vs – Ferdinand Waititu Ndungu and 4 others to favour the petitioner, the commission is satisfied that this is an issue that requires further investigations by the tribunal.”

Tunoi’s woes began after Geoffrey Kiplagat, a former KASS FM presenter, alleged that he (Tunoi) had received Ksh 202 million from Nairobi Governor Dr. Evans Kidero to rule in his favour in an election petition filed by the now Kabete MP Ferdinand Waititu.

Waititu had moved to court to challenge IEBC’s decision to announce Kidero as Nairobi Governor after garnering 692,483 votes against Waititu’s 617,839.

The Supreme Court reaffirmed Kidero’s election in August 2014 ending a protracted court battle that had lasted for over a year.