Connect with us

Hi, what are you looking for?

top

Kenya

Uhuru backpedals, appoints tribunal to probe Justice Tunoi

The very ‘crisis’ President Kenyatta had sought to avert by putting off the appointment of the tribunal, LSK and TI-Kenya argued, would have been greater had he failed to meet his Constitutional obligation.

“After the lapse of 14 days tomorrow (Tuesday), such a tribunal may not be formed. Any tribunal or body constituted after the 14 days period shall be unconstitutional and subject to challenge,” LSK President Eric Mutua stated.

Sentiments which were echoed by TI-Kenya Executive Director Samuel Kimeu: “The President’s rationale that suspending Justice Tunoi would occasion a constitutional crisis as the judge is awaiting the outcome of an appeal he had filed challenging a High Court decision to retire him after reaching the age of 70, does not form any basis to reject the recommendation by the Judicial Service Commission and the automatic application of the constitution to the matter. The retirement age and bribery allegations are two separate issues altogether.”

There was also concern that President Kenyatta’s failure to appoint the tribunal within the Constitutional timeline would occasion an “integrity crisis” as Kimeu put it.

“A judge is alleged to have received with $2 m bribe (sic). JSC petitions president to appoint a tribunal. HE Uhuru refuses. Grants him immunity,” former JSC member Ahmednasir Abdullahi tweeted.

On February 9, the JSC recommended to President Kenyatta the formation of a tribunal to examine Tunoi’s suitability to continue to hold office after one Geoffrey Kiplagat, through an affidavit, accused him of taking a Sh200 million bribe from Nairobi Governor Evans Kidero.

Kidero, Kiplagat alleges, paid the bribe in order to secure a favourable Supreme Court verdict in an election petition that pitted him against now Kabete MP Ferdinand Waititu.

“A prima facie case of gross misconduct and misbehaviour has been disclosed against Justice Tunoi,” Chief Justice Willy Mutunga said after the JSC, which he chairs, established, “inappropriate contact,” between Tunoi and, “Kidero’s agents,” when his case was before the Supreme Court.

READ: How Kidero bought a judge: the whistleblower’s claim

Advertisement. Scroll to continue reading.

Speaking after the allegations came to light; Rao told Capital FM News that the continuous vetting of Judges was critical to confidence in the Judiciary.

READ: Judiciary on trial: Tunoi saga deals courts a blow

About The Author

Pages: 1 2

Comments
Advertisement

More on Capital News