Supreme Court dilemma over bribery claims

Chief Justice Willy Mutunga (center) with members of the Judicial Service Commission (JSC) at the Supreme Court in Nairobi on January 27, 2016 where he announced a six-member committee appointed by the Judicial Service Commission (JSC) to investigate bribery allegations against Supreme Court Judge Justice Phillip Tunoi. PHOTO | JEFF ANGOTE  

By SANDRA CHAO-BLASTO, schao@ke.nationmedia.com

In Summary

• LSK chairman Eric Mutua said that should allegations that Justice Tunoi received a Sh200 million inducement be found to be true, the integrity of the Supreme Court would be irredeemably tarnished.
• Mr Mutua said the bribery claims required thorough investigations because they also raised queries over the manner in which the Supreme Court dealt with other election petitions filed during that period.

The corruption allegations facing Supreme Court Judge Philip Tunoi have brought into question the decision to uphold the election of Nairobi governor Evans Kidero, legal experts said.

Law Society of Kenya chairman Eric Mutua said that should allegations that Justice Tunoi received a Sh200 million inducement be found to be true, the integrity of the Supreme Court would be irredeemably tarnished.

“If the allegations are true the implication is that the money was to be shared among the judges – an outcome that will not just tarnish the image of the Bench but also the entire Judiciary this being the highest court of the land,” he said.

The seven judges of the Supreme Court heard the Election Petition filed by Kabete Member of Parliament Ferdinand Waititu and delivered a judgment in August 2014.

Chief Justice Willy Mutunga, his deputy Kalpana Rawal, and Justices Tunoi, Jackton Ojwang, Mohammed Ibrahim, Smokin Wanjala and Njoki Ndung’u sat on the Bench.

Mr Mutua said the bribery claims required thorough investigations because they also raised queries over the manner in which the Supreme Court dealt with other election petitions filed during that period.

“If the allegations are true, Kenyans will not expect proper adjudication of election petitions in 2017 and the Supreme Court will need to be reconstituted,” he said.

Mr Waititu has already petitioned Dr Mutunga to have the Supreme Court decision nullified and reviewed.

The Judicial Service Commission (JSC), which hires and fires judges and other judicial officers, Wednesday constituted a special committee to consider the allegations.

READ: CJ names new High Court anti-corruption division head

Speaking during a Press conference, the CJ said the six member committee to be headed by Prof Margaret Kobia, the chair of the Public Service Commission, will have seven days to conclude its investigations into the allegations and file a report.

“The JSC has today received a complaint from Geoffrey Kiplagat alleging that Justice Philip Tunoi received more than Sh200 million as an inducement from Nairobi Governor Evans Kidero to rule in his favour in an Election Petition that Kabete Member of Parliament Ferdinand Waititu filed in 2014,” he said.

Attorney- General Githu Muigai, Justice Aggrey Muchelule, Justice Emily Ominde, former managing director of Consolidated Bank Kipngetich arap Korrir Bett and Winifred Waceke Guchu along with Prof Kobia now bear the responsibility of condemning or absolving the highest court of the land from the mega scandal.

The committee was selected during a special sitting of the JSC called to deliberate on the matter.

Questions had been raised as to who within the JSC would deal with the matter given that four members of the commission were directly involved in the election petition.