JSC forms committee to investigate graft allegations against Justice Tunoi

The Judicial Service Commission (JSC) has set up a six-member committee to investigate corruption allegations against Supreme Court Judge Philip Tunoi.

The committee, which is chaired by head of Public Service Commission (PSC) Prof. Margaret Kobia, has been given seven days to probe claims that Justice Tunoi received Ksh 200 million from Nairobi Governor Dr. Evans Kidero in order to rule in his favour in an electoral petition by Kabete Member of Parliament Ferdinand Waititu challenging his election as the Nairobi Governor.

JSC officially received the graft complaint against Justice Tunoi by Geoffrey Kiplagat, a former Kass FM journalist, on Wednesday.

Other members of the committee include: Attorney General Githu Muigai, Aggrey Muchelule, Emily Ominde, Winnie Guchu and Kipkorir Bett.

While swearing in the members, Chief Justice Dr. Willy Mutunga, who also doubles up as the JSC chair, said that commission “will handle the matter with utmost fairness, independence and fidelity to the constitution.”

On Monday, Mutunga said that he had received an affidavit on graft allegations against Justice Tunoi.

“I received a complaint against a Supreme Court Judge by way of a sworn affidavit in November 2015 and ordered that thorough investigations are carried out according to our internal protocols including cross-checking the contents of the sworn affidavit with other government agencies to verify the information contained therein,” he stated.

Mutunga noted that he will stay firm on the fight against corruption as part of the Judiciary Transformation Program, saying he has so far taken disciplinary action against several judicial officers implicated in graft.

Justice Tunoi has stated that the corruption allegations leveled against him are motivated by succession politics within the Judiciary.

In an exclusive interview with Citizen TV, Justice Tunoi said his accuser, Geoffrey Kiplagat, is being used by unnamed individuals who are keen on taking up his position as Judge of the Supreme Court.

“The bribery allegations levelled against me are motivated by the succession in the leadership of the Judiciary, pending the retirement of Chief Justice Dr. Willy Mutunga and his deputy Kalpana Rawal,” he said.

Justice Tunoi also attributed the claims to efforts by people opposed to his push for an extension in his retirement age.

He said he had read both the old and the new constitution passed in 2010 and he is right to demand that he retires at the age of 74.

“There is also the question of whether I should retire at the age of 70 or 72. I have fought for my right to retire at the age of 74 based on what the Section 31 of the Sixth Schedule.”

The section quoted by Justice Tunoi states: “Unless this schedule provides otherwise, a person who immediately before the effective date, held or was acting in an office established by the former Constitution shall on the effective date continue to hold or act in that office under this Constitution for the unexpired period, if any, of the term of the person.”