, NAIROBI, Kenya, Jun 21 – The decision whether the tribunal investigating the Sh200 million bribery claims against former Supreme Court judge Philip Tunoi should be disbanded will be known on Thursday.
This followed a request by various lawyers that they should be given time to analyse the Supreme Court ruling that declared Tunoi should retire at 70 years.
“For us chairman, we would like to have a really holistic approach to the whole issue so that we will not just be looking at a final line that is a long process that got to that point. It will be important that we have really comprehensive submissions and I would urge that you allow us those two days,” the lawyers who included lead assisting counsel Paul Nyamodi stated.
In a short session at the Anniversary Towers, Chairman Sharad Rao acceded to their request and stated that this will ensure fairness since every party in the tribunal will be aware of the impact of the ruling.
“Our interest basically is the impact of that order as read by the Chief Justice. What is the impact of that order on us. We are not here to really analyse the judgments of the three or five judges which led to that final order. To us the really important part of that entire proceeding is basically this final reading and the impact it has on us,” he said.
Rao also asked the lawyers to consider the impact of the Supreme Court ruling on the evidence so far gathered.
He states that the ruling will have an impact on whether the tribunal continues its sittings to the end or stops there since there were key witnesses that had not given evidence and some were to be recalled.
“Do keep in mind that one of the tasks the order gazetting us also said is that we should report back expeditiously. So please keep that in mind. So I would suggest as a compromise that we would allow you an adjournment until Thursday 10am to address us on this,” he stated.
The Supreme Court last week upheld the Court of Appeal decision declaring that former Deputy Chief Justice Kalpana Rawal and Tunoi should retire since they had attained the age of 70.
Following the ruling, retirement letters were sent out to Rawal and Tunoi.