KABETE legislator Ferdinand Waititu has asked for a copy of the CID report of the probe into the alleged bribe allegations against a judge of the Supreme Court.
Through his lawyer Harrison Kinyanjui, Waititu also wants Tom Ojienda, a member of the Judicial Service Commission and Evans Kidero’s lawyer, barred from sitting in the proceedings convened by Chief Justice Willy Mutunga this morning.
Justice Mutunga convened the meeting to deliberate on the report presented to him by the Directorate of Criminal Investigations, after probing the allegations that a judge of the court received US$2 million (Sh200 million).
The meeting is due to be held at 10am.
A journalist sensationally claimed that Justice Tunoi received the bribe to rule in favour of Kidero in an election petition challenging his election as Nairobi governor.
The petition was filed by Waititu, who vied for the seat on a TNA ticket.
Justice Tunoi has denied the claims and said he has never met the alleged fixer, Geoffrey Kiplagat, a former journalist at Kass FM.
In the letter to the CJ dated January 26, 2016, Kinyanjui said his client needs to look at the report, which has been forwarded to other agencies, including the Ethics and Anti-Corruption Commission and the Director of Public Prosecutions.
The lawyer says that having represented Kidero in the petition, Ojienda should not sit in the proceedings. “Our client has accordingly sought to have sight of the said Report, with a view to seeking the barring of Prof Ojienda from participating in the scheduled JSC proceedings, as the same would be violation of the audi partem [hearing the other side] rule,” reads part of the letter.
Waititu has also indicated that he would seek a review of the decision by the Supreme Court that confirmed Kidero’s election. A near-unanimous decision of the court reversed a decision of the Court of Appeal and confirmed Kidero as duly elected governor of Nairobi.
But the bribery claims have introduced a new twist, with the claim that the decision was influenced.
Speaking in Mombasa, Waititu demanded that the Supreme Court ruling on his petition against Nairobi Governor Kidero be reviewed.
He said the bribery allegations against Tunoi
should be investigated promptly and those involved prosecuted. Waititu said Kidero’s victory should be nullified if the allegations are proved to be true.
“I want to make a passionate appeal to the Chief Justice
and detectives to carry out thorough investigations and make sure they satisfy doubts created in the minds of Kenyans – that the Judiciary is corrupt. The Judiciary is on trial in the public court and the CJ must make it very clear on this matter and restore the public’s confidence,” Waititu said.
The six-member Bench argued the application was incompetent because Waititu had filed out of time.
The judges further rapped the Court of Appeal, accusing it of allowing an incompetent appeal. “In accepting an incompetent appeal the court acted without jurisdiction which in turn makes its decision a nullity,” the judges ruled.
Only Justice Njoki Ndung’u gave a dissenting opinion.
The Law Society of Kenya and a section of civil society are calling for a total overhaul of the highest court in the land, saying the Bench "has auctioned its integrity".