NAIROBI, Kenya, Jun 15 – The tribunal probing suspended Judge Phillip Tunoi over the Sh200 million graft allegations has been adjourned to Tuesday next week in order to analyse Tuesday’s Supreme Court ruling and its impact.
According to the ruling Tunoi is now a retired judge, which risks rendering the tribunal redundant, since they can only probe a serving Judiciary official as per the Constitution.
The tribunal’s lead counsel Paul Nyamodi confirmed that they will be “writing to the Registrar or the Deputy Registrar of the Supreme Court to request that the tribunal be furnished with a copy of that decision so that it can be read, digested and then we can make a submission on the impact of that ruling.”
The tribunal chairperson Sharad Rao says all parties must also wait a ruling on Tunoi and Judge Kaplana Rawal’s applications seeking extension of Justice Njoki Ndungu’s orders, which were vacated Tuesday.
The Appeal Court decision for the two judges to retire at 70 was upheld by the Supreme Court but they now want Ndungu’s stay order upheld for at least 21 days.
“From what little we could gather, it did seem as if this stay granted by Justice Ndungu was set aside but there was an application immediately after for stay,” Rao pointed out.
A ruling on the application for stay of Justice Ndungu’s order is due to be made on Thursday, the same day CJ Willy Mutunga retires.
On Tuesday, the Supreme Court confirmed the May verdict of the Appeal Court which ruled that Justices Rawal and Tunoi should retire at the age of 70.
“The decision of the Court of Appeal stands but I will not say it’s final. The applicants have a right to appeal to a Supreme Court differently constituted,” CJ Mutunga directed.