After further consultation and review of the relevant provisions of the Constitution, and given the strict timelines for the setting up of a Tribunal for the investigation of a Judge, I have today suspended Justice Philip K. Tunoi, as a judge of the Supreme Court, with immediate effect, and appointed a Tribunal to investigate his conduct.
I have made this decision, despite my concerns regarding the pending matters before the Court of Appeal, as to the correct age of retirement for Judges who served under the previous constitutional dispensation. I believe that my concerns may now be addressed by the Tribunal itself, which may independently consider the merit, if any, of such concerns, should it be raised before it.
I reiterate my commitment and fidelity to the Constitution of Kenya, and confirm that I will continue to uphold and defend it, as I have from the first day I took oath of office as President. Nothing less should ever be expected from me and the office I hold in trust of Kenyans.
I hereby appoint the following to be the members of the said Tribunal:
- Justice Sharad Rao – Chairman
- Roselyne Korir
- Justice (retired)Jonathan Bowen Havelock
- Judith Abrahams Guserwa
- James Kaberere Gacoka
- Abdirashid Abdullahi Hussein
- George Munji Wakukha
23rd February, 2016