Lawyer links more judges to bribery scandal

Lawyer Ahmednasir Abdullahi argues a case at the Court of Appeal on September 22, 2015. Mr Abdullahi has said more judges are embroiled in the bribery allegation to rule in favour of Nairobi Governor Evans Kidero. PHOTO | EVANS HABIL | NATION MEDIA GROUP 

In Summary

• Mr Ahmednasir Abdullahi — a former influential member of the Judicial Service Commission (JSC) — said on his Twitter handle that the bribe was in two instalments, one for Sh200 million and another for Sh100 million.
• Dr Kidero has since denied giving the Sh200 million bribe to Mr Justice Phillip Tunoi while the judge too has denied receiving the cash.
• Mr Kiplagat, a former journalist with KASS FM, had indicated in his affidavit that two other judges had been paid separately.
• The Majority Leader in the National Assembly, Mr Aden Duale, on Sunday asked Chief Justice Willy Mutunga to resign for “condoning corruption” in the Judiciary.
• The five judges who presided over the Kidero case, whose judgment was delivered in August 2014, were Mr Justices Tunoi, Mohammed Ibrahim, Jackton Ojwang, Smokin Wanjala and Njoki Ndung’u.

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By STELLA CHERONO
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Four judges of the Supreme Court shared a Sh300 million bribe among themselves to rule in favour of Nairobi Governor Evans Kidero, a lawyer sensationally claimed on Sunday.

Mr Ahmednasir Abdullahi — a former influential member of the Judicial Service Commission (JSC) — said on his Twitter handle that the bribe was in two instalments, one for Sh200 million and another for Sh100 million.

The money was to sway the verdict of the Supreme Court in an election petition pitting Dr Kidero and his challenger for the seat, Mr Ferdinand Waititu, now the MP for Kabete.

Dr Kidero has since denied giving the Sh200 million bribe to Mr Justice Phillip Tunoi while the judge too has denied receiving the cash.

On Sunday, he said he was “as clean as snow” and that he won the case against Mr Waititu fairly.

“I am a man of repute and this is known in all the areas I have worked,” said Dr Kidero in Sori, Migori County.

“I have never met Geoffrey Kiplagat. I am not corrupt, and all my accusers are liars.  I have also not met Justice Philip Tunoi face to face. People should not dent my credibility on the basis  of pure lies.”

In an interview with the Nation, Mr Abdullahi said that there was indeed a bribery, and that it was the last instalment that was delivered to Mr Justice Tunoi at a petrol station in Nairobi as claimed by former journalist Geoffrey Kiplagat, whose affidavit, dated 2014, was made public on Sunday last week in an exclusive report by NTV.

Justice Tunoi, who has denied knowing Mr Kiplagat personally or ever meeting him, on Thursday received summons to appear before the JSC committee investigating him. He will be questioned at 11am at the Supreme Court Building.

TARNISHED REPUTATION
Prof Margaret Kobia, who chairs the committee investigating the bribery allegation, told the Sunday Nation that Justice Tunoi was free to either appear alone or be represented by a lawyer.

Anxiety has gripped the Judiciary, with fears that more Supreme Court judges could be dragged into the scandal.

Mr Kiplagat, a former journalist with KASS FM, had indicated in his affidavit that two other judges had been paid separately.

The allegations have tainted the image of the Judiciary, with some political leaders calling for thorough investigations into the corruption allegations.

The Majority Leader in the National Assembly, Mr Aden Duale, on Sunday asked Chief Justice Willy Mutunga to resign for “condoning corruption” in the Judiciary.

Dr Mutunga on Wednesday called for investigations into the allegations against Tunoi.

He has indicated that he will be retiring in June. His Deputy, Lady Justice Kalpana Rawal, who turned 70 on January 15, is fighting to remain in her position until she is 74.

Justice Tunoi was among judges who had filed a similar case, challenging the JSC which had asked them to retire at 70 as stipulated in the Constitution.

However, those challenging the rule say they were sworn into office under the old Constitution which allowed judges to serve until they are 74.

MORE IMPLICATED

Speaking in his Garissa Township constituency, Mr Duale said that Dr Mutunga had confirmed that the Judiciary was riddled with corruption. According to him, the CJ had done little to contain the situation.

“When there is a problem in a family, the father has to take the responsibility, and in this case we are telling Mutunga to do the honourable thing by resigning,” Mr Duale said.

Law Society of Kenya Chairman Eric Mutua, on Sunday, said if the allegations against the Supreme Court judges are proved to be true, then it would be necessary to reconstitute the court.

He said it was difficult to influence judgment in a five-judge bench, and so if indeed money was given to sway the outcome of the case, then more than one judge must have been compromised.

The five judges who presided over the Kidero case, whose judgment was delivered in August 2014, were Mr Justices Tunoi, Mohammed Ibrahim, Jackton Ojwang, Smokin Wanjala and Njoki Ndung’u.

“The integrity of the Supreme Court and the entire Judiciary would really be tarnished if the allegations are proved to be true,” said Mr Mutua in an interview with the Nation.

“As long as the allegations are true, we have no choice other than a fresh start at the Supreme Court. For one, I will not advise any person to file a presidential petition before such a court.”

REVISIT RAILA PETITION
The allegations against Justice Tunoi have shocked the country, causing some leaders to question the credibility of the decisions previously made by the Supreme Court.

Mbita MP Millie Odhiambo and her Ruaraka counterpart, Mr Tom Kajwang’, have said that the presidential petition filed by Cord leader Raila Odinga following the last General Election should be heard afresh.

However, Mr Abdullahi dismissed them, saying those were just mere statements used to attain attention in politics.

“This one incident should not provide ground for a belief that the Supreme Court judges were taking money from all of the over 300 cases it has heard,” he said.

Additional reporting by Abdimalik Hajir, Elisha Otieno and Elizabeth Merab