“Kenya School of Law Director, Prof PLO Lumumba has criticized a bid by a section of Supreme Court judges to seek extension of their term to 74 years. He said the constitution was clear that a judge shall serve up to the age of 70 and urged those who had attained that age to retire honorably” (Daily Nation, 2016).
Here you see more on the imposed scandal that are happening in the Supreme Court and the challenge of hiring a new judge, how they appropriately address the matter between themselves. This here is more on the matter, as things goes and goes! After the E-Mails, planned time in court and also a Petition to Court as well; this here will not stop until hopeful justice have prevailed!
On May 27, 2016, at 2:26 PM, Willy Mutunga wrote:
The CA (Court of Appeal) has decided.
I am told there are applications and appeals already filed.
I have instructed Hon Lucy Njora (Supreme Court Deputy Registrar) to place the applications before me for directions.
I will deal with the applications as a single judge.
Dr. Willy Mutunga, D.Jur,SC,EGH
Chief Justice/President, Supreme Court of Kenya
“The poor need Justice; others need the Law.” Professor Dani Nabudere
“The rich don’t need the law, they’ve got wealth and power. It’s the poor who need the law.” Albie Sachs.
“The Supreme Court of Kenya neither has friends nor enemies among Kenyans. All the Court cares for is Justice for and to all Kenyans.”
Judge Njoki’s reply
On Fri, May 27, 2016 at 3:32 PM, Njoki Ndungu wrote:
I saw your email very late. It would have been better if you had called on phone directly if you had directions for me. I assure you I have followed the provisions of our rules and Act strictly.
As duty Judge for today I already heard 2 certificate of urgency applications by Justices Rawal and Tunoi. I have already disposed of them, given interim orders and given dates for interparties hearing. I think that is in order.
On May 27, 2016, at 3:46 PM, Willy Mutunga wrote:
I counseled against copying the applicants in any mail coming from us!
I thought, given the history of this matter, you would have considered that those of us who are around could be involved in some brief conferencing. Even as a duty judge, isn’t there a standing guideline that after the files are given to judges is either the CJ or the DCJ who does the allocation?
I am surprised you suggest I should have called you? Did you think of calling me?!
From: Njoki Ndungu
Date: May 28, 2016 at 8:42:37 AM EAT
To: Willy Mutunga
Cc: Mohammed Ibrahim , jbojwang , swanjala
Subject: Re: The Decision of the CA
With utmost respect CJ, I do not understand your angry tone – which I find inappropriate – to me in this email, for the following reasons:
Here is more:
Also this one which is fake and which is real:
The one up top or the one in the bottum, which is real? Aye?
Enough for now., right? We shouldn’t need to ask what is the real age of Judge, they should be honest men walking around us. The ones that we trust as their judgement should be as they are the epitome of law abiding citizenship. Instead here we have seen of dozen documents and proof that there is a state of unlawfulness in the Supreme Court of Kenya, and it is not a good look! Peace.
Another Document on the matter as well:
“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).
“Tunoi Tribunal Sworn In Despite Controversy Over Rao Age” (Citizen Kenya TV, 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:
23rd February, 2016