The People ­ Thursday
Date: 28.01.2016
Page 2
Article size: 538 cm2
ColumnCM: 119.55
AVE: 150879.11
JSC team gets week to table
report on Tunoi bribery claim
that the Supreme Court is corrupt.
Already, the public mood has been
set to see the court as corrupt by
the Chief Justice, who recently
told a foreign newspaper that he is
presiding over a bandit economy.
These are choreographed ma­
noeuvres to destroy the Supreme
Court so as to manage the succes­
sion plan," he added.
Youthful lawyer Edwin Sifuna
echoed his colleague's sentiments,
but also added another spin to the
matter, saying the CJ had not fol­
lowed the right procedure of set­
ting in motion processes to un­
CJMutunga declares that
special committee, chaired,
byKobia, will be fair amid
concerns of malice in latest
scandal to grip Judiciary
by James Momanyi
Judicial Service Commission
(JSC) yesterday appointed a six­
member committee to investi­
ravel the truth.
gate bribery allegations against
Ifthe
allega­
tions are
proved to
be true,
the money
allegedly
handed
to Justice
Tonui
could
Supreme Court Judge Justice Phil­
lip Tunoi. The team is required to
table its findings in a week.
The development came as some
lawyers cast aspersions of malice
diciary.
Chief Justice Willy Mutunga
cluding Attorney General Githu
Muigai, judges Smokin Wan­
jala, Mohamed Warsame, Aggrey
Muchelule, lawyer Tom Ojienda
and Judiciary Chief Registrar Anne
Amadi.
Emily Ominde, who was sworn
earlier before the meeting as a JSC
member to represent magistrates
in the commission, was also part of
the special JSC sitting that received
the investigation report against
efit to him
The special committee will be
chaired by Public Service Com­
mission chairman Margaret Ko­
alone,
bia, with Githu, Justice Muchelule,
because
korir Bett as members.
cannot
determine
a deci­
sion of the
Supreme
Court—
LSK chair
But allegations of bribery are alle­
gations of commission of a crime,
yesterday met JSC members, in­
Justice Tunoi.
one judge
impropriety, the right channel to
follow is to petition the JSC so that
they can investigate the matter.
on the latest scandal to hit the Ju­
not be of
the ben­
Death knell
"If you want a judge to be re­
moved from office because of
Ominde, Winifred Guchu andKip­
The team will investigate claims
by Geoffrey Kiplagat, a former
journalist, that Justice Tunoi re­
ceived Sh200 million as an in­
ducement from Nairobi Governor
Evans Kidero to influence the out­
come of an election petition filed
by Kabete MP FerdinandWaititu.
All people mentioned in the al­
leged bribery scheme, including
Justice Tunoi, Governor Kidero
and lawyer Katwa Kigen have de­
nied the allegations. Kiplagat, in a
sworn affidavit, claims the Sh200
an economic crime. In such a case
Chief Justice Willy Mutunga with Judicial Service Commission
members Githu Muigai and Anne Amadi, among others during a
press briefing at Supreme Court yesterday. The CJ unveiled a team
to probe bribe claims against judge Philip Tunoi.
PHOTO: KENNA CLAUDE
the complaint affidavit or report
ought to have been sent to the
Ethics and Anti­Corruption Com­
mission (EACC) or to the Director
of Public Prosecutions (DPP) for
investigations."
Law Society of Kenya (LSK)
chairman Eric Mutua also ob­
million deal—paid in dollars—
was reached following several
meetings in Nairobi's Kileleshwa
clamouring to rise to the distin­
guished offices of Supreme Court
judges. There are interest groups
seeking to influence membership
estate.
And after a two­hour closed­
door meeting, Mutunga assured
of the Supreme Court in 2017," said
the judge.
that "JSC will handle the inves­
The sentiments were shared by a
tigations with utmost fairness,
independence and fidelity to the
few lawyers on TV since the matter
erupted two days ago.
Constitution".
Succession battle
His assurance came even as
some lawyers castigated the man­
ner the matter is being handled,
claiming that the allegations are
a wider scheme choreographed to
manage a succession plan at the
Judiciary.
On Tuesday, Justice Tunoi told
"Justice Tunoi has served in the
Judiciary for over 29 years. He is
the most experienced in the Su­
preme Court because the others
came from the academia or pri­
vate practice. He is a person with
immense institutional memory,
and in the event Mutunga vacates
office as expected in June this year,
Justice Tunoi is the senior­most
woes emanate from the ongoing
Supreme Court judge to succeed
him," said lawyer Danson Omari
"vicious succession battle" in the
in an interview.
judiciary. "At the core of interest
in my exit is a group of individuals
"The latest allegations are
meant to create the perception
a local TV station that his current
served that the allegations may
prove to be a death knell for the
Supreme Court.
"If the allegations are proved to
be true, the money allegedly hand­
ed to Justice Tunoi could not be of
the benefit to him alone, because
one judge cannot determine a de­
cision of the Supreme Court. The
money must have been split to at
least three other judges in a bench
of five," he said.
In case the JSC special commit­
tee finds that the allegations have
substance, the commission will
then ask the President to form a
tribunal within a fortnight to carry
out investigations and determine
whether Justice Tunoi will vacate
office or not. The issue will then
move to Parliament for further de­
bate in case the tribunal recom­
mends that he leaves office.
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