Tunoi tribunal resumes amid queries over NIS report

June 7, 2016 11:49 am
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The lawyer insisted he will not proceed with cross-examination of the Judiciary Ombudsman without, “knowing whether this is a report from NIS or elsewhere. If only we knew the position, we would know which way to go”/FILE
The lawyer insisted he will not proceed with cross-examination of the Judiciary Ombudsman without, “knowing whether this is a report from NIS or elsewhere. If only we knew the position, we would know which way to go”/FILE

, NAIROBI, Kenya, Jun 7 – The tribunal investigating Justice Phillip Tunoi resumed Tuesday morning, with Judiciary Ombudsman Kennedy Bidali set to be cross-examined by the judge’s lead counsel Fred Ngatia.

The tribunal was adjourned last week after Ngatia demanded to know the authenticity of a report allegedly issued by the National Intelligence Service touching on allegations of the Sh200 million graft probe.

Overview
  • The tribunal was adjourned last week after Ngatia demanded to know the authenticity of a report allegedly issued by the National Intelligence Service touching on allegations of the Sh200 million graft probe.
  • Ngatia declined to cross-examine Bidali until the report which, he says, was extensively used by the Judicial Service Commission, is proved to have been authored by the spy agency.
  • The tribunal’s lead counsel Paul Nyamodi was given time to seek permission from the NIS Director General, for their communication with the tribunal to be de-classified, so that Tunoi’s concerns can be addressed.

Ngatia declined to cross-examine Bidali until the report which, he says, was extensively used by the Judicial Service Commission, is proved to have been authored by the spy agency.

The tribunal’s lead counsel Paul Nyamodi was given time to seek permission from the NIS Director General, for their communication with the tribunal to be de-classified, so that Tunoi’s concerns can be addressed.

“This document emanated from NIS. As a matter of fact, throughout the JSC recommendation, this report features the collaborative part. Without it, it is only allegations flying from one person to the other,” Ngatia argued before the tribunal.

The lawyer insisted he will not proceed with cross-examination of the Judiciary Ombudsman without, “knowing whether this is a report from NIS or elsewhere. If only we knew the position, we would know which way to go.”

Nyamodi however revealed that on April 19, the tribunal wrote to the Director General of the National Intelligence Service over the report, allegedly emanating from the service, as given by JSC.

“We wrote to the Director General of NIS asking him to confirm whether that document was indeed authored by NIS,” Nyamodi said.

“I can report to the tribunal that we are in receipt of a response by the Director General of the National Intelligence Service, but it is classified.”

He said the tribunal was in the process of asking the Director General to de-classify the document, for him to share the content of the letter- confirming whether NIS authored the document or not- with Ngatia.

Ngatia hinted that he may proceed to High Court, if his demands are not met, for the National Intelligence Security unnamed officer to confirm the authenticity of the report.

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