, NAIROBI, Kenya, Apr 27 – The tribunal investigating Supreme Court Judge Phillip Tunoi will on Wednesday morning visit the fuel station where he is alleged to have received a Sh200 million bribe from Nairobi Governor Evans Kidero.
The tribunal’s legal advisor Paul Nyamodi together with Tunoi’s lead counsel Fred Ngatia says there is need to visit the petrol station located on Waiyaki Way to help them gauge the veracity of claims made by Tunoi’s accuser, Geoffrey Kiplagat.
- Kiplagat claims that he saw Justice Tunoi receive a briefcase stashed with US dollars amounting to Sh200 million from Governor Kidero before the two waved at each other
- Both Kidero and Justice Tunoi have denied the allegations levelled against them by Kiplagat, instead terming him a pathological liar who cannot be trusted
“There is need to visit the petrol station and then complete Mr Lelmet (Kiplagat’s) statement,” lawyer Nyamodi submitted.
In his affidavit, Kiplagat claims that he saw Justice Tunoi receive a briefcase stashed with US dollars amounting to Sh200 million from Governor Kidero before the two waved at each other.
Once the tribunal visits the fuel station, it will resume sittings at Anniversary Towers on Wednesday afternoon for the final cross-examination of Kiplagat.
Both Kidero and Justice Tunoi have denied the allegations levelled against them by Kiplagat, instead terming him a pathological liar who cannot be trusted.
On Tuesday, two detectives while testifying at the tribunal revealed that Kiplagat had sought their ‘help’ to extort money from the judge and Kidero, an obvious crime.
The officers admitted that the accuser wanted them to threaten Tunoi and the Nairobi Governor.
He specifically wanted Justice Tunoi and Kidero, being senior members of the society, “to be threatened by plain clothes police or get them handcuffed by uniformed police officers.”
His last proposal was for the two cops to accompany him during unspecified dates to demand for his Sh30 million share of the Sh200 million allegedly given to Justice Tunoi.
One of the officers, Assistant Inspector General of Police Stanley Cheruiyot said Kiplagat claimed that Justice Tunoi and Kidero were to give him Sh30 million for the role he played as link between Kidero and Tunoi.
Though he saw him as a potential suspect, the senior cop said he was more of a whistle blower whose rights needed to be guaranteed.
“I restrained myself since I thought that he could be a whistle blower and that I could have been suppressing information,” he said.
“When he said that he wanted us to threaten senior government officials, I developed a second thought that he could be peddling lies.”
In a statement that attracted reactions from almost the entire members of the tribunal, Cheruiyot said, “a police officer cannot force anyone to make a formal complaint.”
He went on to say that, “he could not have investigated rumours and yet he (Kiplagat) had not provided any evidence.”
Cheruiyot revealed that he was only a legal advisor at the directorate of criminal investigations. “My role was only advisory… I would not have initiated an enquiry on the matter.”
He described Kiplagat as evasive who only provided unsubstantiated information during their October 17, 2014 meeting at the CID headquarters.