NAIROBI, Kenya, Jun 27 – The tribunal investigating bribery claims against retired judge Philip Tunoi will on Monday rule whether his notice of retirement is valid.
While making submissions on the Supreme Court ruling that upheld that he should retire at 70, his lawyer Fred Ngatia contended that his notice of retirement came from the Judicial Service Commission (JSC) and not the Judiciary as it should.
Ngatia argued that Tunoi is still serving as a judge since the letter he was presented with contains the signature of Anne Amadi as the Secretary to the JSC and stated that he had a desire to clear his name through the tribunal.
Lead Counsel to the tribunal Paul Nyamodi however disagreed with him stating that the matter did not lie within the jurisdiction of the tribunal but that Tunoi should take the matter up as an individual.
Tunoi first received a retirement notice on 28th April 2014 notifying him “that his retirement was supposed to be effective 2nd June 2014.”
He however challenged the move in the High Court where the letter was quashed and a ruling issued that only the Judiciary can issue a retirement notice.
The High Court ruling according to Ngatia stands, since it has not been challenged in all other levels and therefore, should be adhered to.
Nyamodi however disagreed with him stating that the matter did not lie within the jurisdiction of the tribunal but Tunoi should take the matter up as an individual.
He further cautioned the tribunal engaging the Judiciary on the matter since it will be treading on dangerous grounds.