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Tunoi’s tribunal to get crucial phone data before probing Kidero

Fred Ngatia, the lawyer presenting the judge on his part said it was, “time for the tribunal to decide the scope of inquiry.”

The lawyer indicated that he will be making an application at a later stage, questioning the legal parameters used when the initial probe at the Special Committee of JSC kicked off.

According to Article 168 of the Constitution, “The removal of a judge may be initiated only by the Judicial Service Commission acting on its own motion or on a petition by any person to the Judicial Service Commission.”

“Even if we were to define the scope of inquiry and that it did not proceed on what the Constitution says on Article 168, then this process is null and void and nobody can breathe life to it… and the only verdict you can return is that the process was started in violation of Article 168.”

During cross-examination session with Judiciary Ombudsman Kennedy Bidali, the lawyer questioned the manner the judge was investigated, where he said the law was violated.

He also questioned the role of the office of ombudsman at the Judiciary, since according to him the office lacks any legal backing.

“The judge considers the matter could have been investigated by JSC,” Ngatia told the tribunal on Wednesday while complaining that, “the Judge was not given an opportunity to be heard.”

The two witnesses from the phone operators will be heard on Tuesday next week when the tribunal resumes sitting.

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