, NAIROBI, Kenya, Jun 8 – Suspended Supreme Court Judge Philip Tunoi on Wednesday told the tribunal probing the Sh200 million bribery allegation that the now disowned National Intelligence Service (NIS) report could have been authored at the Supreme Court.
Tunoi, through his counsel Fred Ngatia pointed out inconsistencies in the recanted document that were identical to those of the report by the special committee of the Judicial Service Commission.
“The authors are the same,” Ngatia insisted. “The document that you (Judiciary Ombudsman Kennedy Bidali) labelled from the NIS was actually generated from the Supreme Court.”
The inconsistencies were largely on omissions of some judges involved in the investigations at the special committee of JSC stage and spelling mistakes of the Tunoi’s first name.
The spy agency’s Director General, through a response to the tribunal on the controversial report categorically said that the “undated and unsigned document did not originate from the service.”
The report was hand delivered to Bidali at the Judiciary Training Institute and did not have a letterhead or even a signature.
But Bidali in his defence said he was “trying to get a signed document” but up to now he had not managed to do so.
The new developments emerged during his cross-examination, where he revealed that the alleged NIS officers who handed over the undated and unsigned report, was introduced to him by the Chief Justice.
Bidali insisted that the individual works for the spy agency, saying the report which was heavily relied upon at the JSC level, was given to him as a pointer to the grave allegations leveled against the judge.
“They (NIS) have thrown me and my team under the bas,” Bidali reacting on the NIS position stated.
The alleged officer was supposed to “guide” him on how to approach the allegations.
The Judiciary Ombudsman was further accused of being unfair to the judge after it emerged that he had encouraged the accuser, Geoffrey Kiplagat to report the matter to the media.
“Have you considered going to the media…you know the impact it has,” Bidali is said to have told Kiplagat.
In his defence, Bidali maintained he was objective all through, and only advised Kiplagat to make the graft allegations public after he cited concerns over his life.
“You don’t want to interview a witness and the next day he is dead,” Bidali stated.
He then proceeded to tell Kiplagat, if he comes out, he will be put under the Witness Protection Agency, and can even, “relocate him and his family” to a safer place.