The tribunal investigating the Sh200 million bribery claims against suspended Supreme Court judge Philip Tunoi began its hearing in camera yesterday.
Chairman Sharad Rao told the media the public will not be allowed in the hearing because the judge opted to be tried in camera.
It was not clear who was lined up as the first witness because only the members, Tunoi and his lawyer were present.
According to tribunal's rules of procedure published recently, the hearing ought to be in private unless the judge whose conduct is subject of investigations chooses to have a public hearing.
The rules also provide the judge with right to be present during all the proceedings that relate to him and shall be entitled to legal representation by a counsel.
Evidence before the tribunal may be presented in the form of memoranda, affidavit or other documentation and the tribunal shall be entitled to receive such documents and use the contents in forming its opinion.
Yesterday Rao warned the media to desist from writing anything outside the tribunal, which might prejudice the hearings. His warning arose out of a complaint made by Tunoi's lawyer Fred Natia.
The lawyer faulted a story run by the Star, which was based on a final report by Judicial Service Commission.
Ngatia accused the Star of harbouring ill intentions and referred to the story as "appalling".
“I was appalled by this article. It is a conclusion that is peddled by the Star. Apart from being prejudicial, one can see a hand trying to influence the tribunal,” he said.
Rao, the chairman of the seven-member tribunal, assured the judge his team will only deal with evidence before it and will not in anyway be influenced.
He directed the media to refrain from writing anything that will prejudice the tribunal.
Tunoi has been accused of pocketing a Sh200 million bribe to rule in favour of Nairobi Governor Evans Kidero in an election petition.
The matter came to light after journalist Geoffrey Kiplagat filed an affidavit claiming Kidero bribed Tunoi to be spared in the petition filed by now Kabete MP Ferdinand Waititu.
It was investigated by the JSC, which said it was satisfied from the totality of the material and information presented before it that there was inappropriate interaction and communication between Tunoi and his accuser. The JSC then made a recommendation to the President to form a tribunal to investigate the judge.
On February 24, the President suspended Tunoi and formed the tribunal. The members to determine Tunoi's fate are Rao, retired judge Jonathan Havelock, judge Roselyne Korir, Judith Guserwa, James Kaberere Gachoka, Abdirashid Abdullahi Hussein and George Munji Wakukha.