“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).
“IAAF Ethics Board Investigator into allegations of misconduct by Athletics Kenya officials, Sharad Rao established that indeed two vehicles were shipped into the country from Qatar. AK Chairman Isaiah Kiplagat and his Vice David Okeyo were accused of breaking the federation’s code of conduct by wrongfully receiving the vehicles from the Qatar Athletics Federation. Mr Rao was however in the process of establishing whether the two received the vehicles” (NTV Kenya, 2016).
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