NAIROBI, Kenya, Feb 17 – The Judicial Service Commission says it has provided President Uhuru Kenyatta with everything he needs to constitute a tribunal to investigate the corruption allegations made against Supreme Court Justice Philip Tunoi.,
The Judiciary’s Director of Public Affairs and Communication Naim Bilal on Wednesday said that contrary to State House Spokesperson Manoah Esipisu’s assertion that President Kenyatta asked for more information on their recommendation for a tribunal, the JSC had not received communication to that effect.
“JSC reiterates that it fully satisfied the provisions of Article 168 (4) of the Constitution on the content and procedure of such a petition to the President. Importantly, this is not the first petition of this nature that the JSC has processed,” he stated.
Esipisu on Monday told Capital News that while the Office of the President had indeed received the JSC’s recommendation for a tribunal to investigate Tunoi, there were some documents that were missing.
He did not however, disclose what it was that was missing exacly.
Bilal on Wednesday said the JSC had submitted all the documents required of it. The documents they submitted being a transmittal letter, petition and a report of their findings on the allegations that Tunoi took a Sh200 million bribe from Nairobi Governor Evans Kidero.
Speaking to Capital News on Tuesday, Attorney General Githu Muigai — a member of the JSC — said any questions regarding any documents the JSC may or may not have submitted to the President in support of their recommendation on Tunoi, should be directed at his office.
“The Office of the Attorney General advises where the advice is sought on whether in the totality of the circumstances, there exists material to proceed with further action.”
President Kenyatta however has no choice but to act on the recommendation of the JSC within 14 days of February 9 which is when the JSC says it handed over its report.
On February 5, the JSC made public that it had established that there had been contact between Tunoi and Kidero’s agents around the time an election petition filed by the latter was before the Supreme Court.
Kidero had challenged the Court of Appeal’s nullification of his election but he denies bribing Tunoi to secure a favourable verdict.