President Kenyatta suspends Justice Tunoi, forms tribunal to probe him

President Uhuru Kenyatta has suspended Supreme Court Judge Philip Tunoi and formed a seven-member tribunal led by Sharad Rao to probe his conduct over bribery allegations.

The announcement was made Tuesday afternoon by State House spokesman Manoah Esipisu through his official twitter handle.

Esipisu said: “After further consultation, President Uhuru Kenyatta suspends Justice Philip K. Tonui as judge of the Supreme Court.”

“President Kenyatta appoints seven-member Tribunal, chaired by Sharad Rao to investigate conduct of Justice Tonui.”

Other members of the tribunal are: Justice Roselyn Korir, Justice (Rtd.) Jonathan Havelock, Judith Guserwa, James Kaberere Gachoka, Abdirashid Abdullahi Hussein and George Munji Wakukha.

In a statement to newsrooms, the President said that his decision was informed by the need to uphold constitutionalism as well as defend the country’s law.

“After further consultation and review of the relevant provisions of the Constitution, and given the strict timelines for the setting up of a Tribunal for the investigation of a Judge, I have today suspended Justice Philip K. Tunoi, as a judge of the Supreme Court, with immediate effect, and appointed a Tribunal to investigate his conduct,” read the State House Statement.

“I have made this decision, despite my concerns regarding the pending matters before the Court of Appeal, as to the correct age of retirement for Judges who served under the previous constitutional dispensation. I believe that my concerns may now be addressed by the Tribunal itself, which may independently consider the merit, if any, of such concerns, should it be raised before it.”

The Head of State also reiterated his commitment and fidelity to the Constitution of Kenya saying “I will continue to uphold and defend it, as I have from the first day I took oath of office as President. Nothing less should ever be expected from me and the office I hold in trust of Kenyans.”

On Monday, President Kenyatta declined to form a tribunal to probe Tunoi saying it was advisable to await the hearing and determination of a case Tunoi had filed at the Court of Appeal challenging his retirement age.

In a letter to Chief Justice Dr. Willy Mutunga and signed by Chief of Staff and Head of Public Service Joseph Kinyua, the President proposes that “we await the outcome of the Judicial Process after which we shall process the petition as required by the Constitution and the law”.

Early this month, the JSC committee led by Public Service Commission (PSC) chair Prof. Margaret Kobia indicated: “Whether or not there is material to suggest that a bribe was given to the Hon. Justice Philip Tunoi to influence the decision in Supreme Court election petition No. 18/2014 Evans Odhiambo Kidero and 4 others-Vs – Ferdinand Waititu Ndungu and 4 others to favour the petitioner, the commission is satisfied that this is an issue that requires further investigations by the tribunal.”

Tunoi’s woes began after Geoffrey Kiplagat, a former KASS FM presenter, alleged that he (Tunoi) had received Ksh 202 million from Nairobi Governor Dr. Evans Kidero to rule in his favour in an election petition filed by the now Kabete MP Ferdinand Waititu.

Waititu had moved to court to challenge IEBC’s decision to announce Kidero as Nairobi Governor after garnering 692,483 votes against Waititu’s 617,839.

The Supreme Court reaffirmed Kidero’s election in August 2014 ending a protracted court battle that had lasted for over a year.