“The tribunal formed to investigate a 200 million shillings bribery claims against suspended supreme court judge Philip Tunoi resumed its public hearings this morning after it adjourned last week. Geoffrey Kiplagat who filed an affidavit claiming that he facilitated payment of the bribe to the judge has been undergoing cross examination by Tunoi’s lawyer, Fred Ngatia. Kiplagat claims both Tunoi and Kidero were present at the petrol station where the one was exchanged. During the cross examination, Kiplagat admitted that Tunoi is not attend initial meetings prior to the bribe. Tunoi had initially denied knowing Kiplagat but NSIS records later showed that the two had exchanged several text messages. Justice Tunoi also said he had gathered new evidence from “sources” that could help bolster his defense on bribery allegations leveled against him” (KTN News Kenya, 2016).
The Judicial Service Commission has this afternoon received the report of the Special Committee set up on 27th January 2016 to inquire into the allegation of bribery against Hon Mr. Justice Phillip K. Tunoi.
The Commission has deliberated upon and adopted the report.
The Commission is satisfied that from the totality of the material and information presented before it there was inappropriate interaction and communication between the Hon. Mr. Justice Phillip K. Tunoi and agents of a litigant in a matter pending before the Supreme Court. This in the opinion of the Commission amounts to gross misconduct and misbehavior, sufficient to warrant the establishment of a tribunal to further investigate the matter.
Secondly, as to whether or not there is material to suggest that a bribe was given to the Hon. Mr. Justice Phillip K. Tunoi on 27.8.2014 in order to influence the decision in Supreme Court Election Petition No 18/2014 Evans Odhiambo Kidero & 4 Others -Vs- Ferdinand Waititu Ndungu & 4 others to favour the Petitioner, the Commission is satisfied that this is an issue that requires further investigation by the said tribunal.
Arising from the foregoing, the Commission is satisfied that a Prima Facie case of gross misconduct and misbehaviour has been disclosed against the Hon. Mr. Justice Phillip K. Tunoi.
The Judicial Service Commission shall therefore recommend to his Excellency the President that a tribunal be established to investigate the matter.
Dated at Nairobi this 5th day of February, 2016.
HON. DR. WILLY MUTUNGA, D.Jur, SC, EGH, SEGH
CHAIR, JUDICIAL SERVICE COMMISSION
“A special committee of the judicial service commission investigating bribery allegations against Supreme Court judge Philip Tunoi says it will present its findings this Friday. This after the expiry of the period within which it was supposed to complete hearings from justice Tunoi, Nairobi governor Evans Kidero and others implicated in the allegations. The committee which was appointed last week had been given seven days to complete the task” (KTN News, 2016)
“2 million US dollars can fit into 2 standard size suitcases. Kiplagat alleges Kidero bribed Justice Tunoi with 2 million dollars. 2 million US dollars would weigh about 20Kgs” (Kenya Citizen TV, 2016).
“Supreme Court Judge Phllip Tunoi sought to discredit his accuser in the Sh 200 million bribery saga as he fought off allegations that could bring down his career and those of several colleagues. Appearing before a committee probing the allegations Tunoi said an affidavit implicating him was possibly drawn by judiciary staff in an elaborate plot to end his career. As Francis Gachuri now reports Tunoi’s accuser Geoffrey Kiplagat also appeared before the committee that has until Wednesday to submit its findings” (Kenya Citizen TV, 2016).
Think, that is enough for now. Peace.