CHIEF Justice Willy Mutunga has urgently convened a meeting of the Judicial Service Commission at 10am tomorrow to discuss allegations of bribery involving a Supreme Court judge.
The case is believed to involve Judge Philip Tunoi who has been
accused of receiving Sh200 million to deliver a favourable judgement in the Supreme Court election petition of Ferdinand Waititu against Nairobi Governor Evans Kidero in August 2014.
The story aired on NTV on Sunday night and was based on an affidavit by journalist Geoffrey Kiplagat who claimed to be the middleman.
In a statement yesterday the CJ said "I received a complaint against a Supreme Court judge by way of a sworn affidavit in November 2015."
Mutunga said he "ordered thorough investigations according to our internal protocols"
and "with other government agencies to verify the information contained therein."
Mutunga will table the final report before the JSC on Wednesday. He said he will also forward the report to the Director of Public Prosecution and to the Ethics and Anti Corruption Commission.
If the JSC finds enough evidence against judicial staff, it can advise the President to form a tribunal to investigate the judge and have him suspended.
Kiplagat claims in his affidavit that he witnessed a briefcase allegedly containing US$2 million being handed over at a petrol station on Waiyaki Way on August 24. He claimed that both Tunoi and Kidero were present but in two separate cars.
Tunoi told NTV: "These are pure lies. I don't know the guy. I have never met him."
Kidero's lawyer told NTV: "He (Kidero) has never met any of the Supreme Court judges for whatever reasons. He doesn't know anything about this."
Lawyer Katwa Kigen told NTV: "These are total lies. I don't know why anyone would make up such a story."
Kiplagat claims that he exchanged phone calls and text messages in May, June and August 2014 with Judge Tunoi, Kigen and John Osogo, an assistant to Governor Kidero.
Kiplagat's affidavit quotes SMSs that appear to demonstrate a degree of collusion with Tunoi and Osogo.
On 26 June, Kiplagat alleges that Tunoi sent him a text saying "Pawmai, let's persevere. Vumilia. Intelligence guys were on our case. Even today I spotted them around my house. Let's stay for two or three days. See you, arap Cherota."
On 28 July, Kiplagat alleges that Osogo sent him a text saying "Good morning. I understand ruling is on Thursday. Please confirm."
The Judiciary has reportedly asked the security services to confirm that the text messages and phone records are genuine. If they are confirmed as genuine, then Osogo and Tunoi would have to explain why they were in contact with Kiplagat.
PETITION COURT: Former Embakasi MP Ferdinand Waititu and Nairobi Governor Evans Kidero converse at the Supreme Court on August 29, 2014.
On 29 August, 2014, Judge Tunoi read out the ruling of the Supreme Court that “The judges of the Appeal Court erred and entertained an incompetent appeal.”
They rejected Waititu's appeal and confirmed Kidero's election as Nairobi governor.
Kiplagat says he was given Sh20,000 by Kigen to attend a funeral back at his home. He was promised another meeting.
Subsequently when the ruling was delivered, he said he was promised a job in the Governor's office but it never materialised.