Ajabu Africa News

PHOTO:

PROBE: Chief Justice Willy Mutunga and other members of the JSC address a press conference yesterday at Supreme Court Buildings, Nairobi. Pic by Courtesy/The-Star

By:

JILLO KADIDA

Posted:

Jan,28-2016 14:37:32

THE National Intelligence Service in Kenya confirmed that Judge Philip Tunoi had conversations with his accuser Geoffrey Kiplagat.

NIS also confirmed that the two exchanged text messages using their numbers.

"It is true that those two were in communication at the times recorded in the affidavit," a source familiar with the case confirmed to the Star.

Justice Tunoi has denied ever talking to Kiplagat who has claimed that the Supreme Court judge took a Sh200 million bribe in an election petition case.

Tunoi's future is now in the hands of a six- member committee of the Judicial Service Commission.

The team, chaired by Prof Margaret Kobia, will probe Tunoi's conduct, look at the evidence gathered against him, call witnesses and summon him to defend himself before it can prepare a comprehensive report in seven days.

It will then hand over the report to the JSC.

Other members of the special committee are the Attorney General, Prof Githu Muigai, Justice Aggrey Muchelule, Chief Magistrate (Makadara) Emily Ominde, Winnie Guchu and Kipkorir Bett, all of them commissioners of the JSC.

Justice Tunoi is the second Supreme Court judge whose conduct has been investigated since the formation of the court.

The first to be investigated (and sent home) on alleged misconduct is former Deputy Chief Justice Nancy Baraza, after it was found she pinched a security on the nose at a mall in Nairobi.

Judge Tunoi has been accused of receiving Sh200 million to deliver a favourable judgment in the Ferdinand Waititu election petition case against Nairobi Governor Evans Kidero in August 2014.

The bribery allegations against the judge are contained in an affidavit sworn by journalist Kiplagat, who claims to have been the go-between.

Chief Justice Willy Mutunga said he instituted thorough investigations into the matter after receiving a complaint against a judge in a sworn affidavit in November 2015.

Mutunga said he ordered the probe “according to our internal protocols" and "with other government agencies to verify the information contained therein".

"I wish to assure everyone that the commission will handle this matter with utmost fairness, independence and fidelity to the constitution," he said.

The CJ earlier said he would also forward the report to the Director of Public Prosecutions and the Ethics and Anti-Corruption Commission.

Kidero's election was first nullified by the Court of Appeal. He challenged the ruling at the Supreme Court.

A story on the bribery allegations aired on NTV on Sunday night.

Following the disclosure of the allegations against Tunoi, Waititu has demanded the review of the Supreme Court ruling on his petition.

The MP said the disclosure clearly indicates the election for the Nairobi governor was marred by massive malpractices and must be properly investigated.

Waititu called for the nullification of Kidero's election and a fresh poll, as was the case when the Court of Appeal determined that Kidero and Deputy Governor Jonathan Mueke were not validly elected.

During yesterday's meeting, the JSC summoned Judiciary Ombudsman Kennedy Bidali to appear before it and present the chronology of events from the registration of the complaint to the investigations conducted so far.

Source:

The Star