For the second time in two weeks, President Uhuru Kenyatta is likely to reverse himself in the Judge Philip Tunoi affair.
This time, he is likely to replace Sharad Rao as chairman of the tribunal he reluctantly set up to probe the suspended Supreme Court jurist over an alleged Sh200 million bribe.
It has emerged the President could have been misled to appoint Rao, despite his being over 74 and despite the fact he chairs the Kenya Judges and Magistrates Vetting Board.
National Assembly majority leader Aden Duale told the Star the President would reconsider his choice given the "conflict of interest that exists".
On February 19 President Uhuru told the Chief Justice and Judicial Service Commission in a letter he would not set up a tribunal because of a pending case in which Tunoi challenges his retirement age.
That created an uproar since the law requires the President to set up a tribunal to probe jurists within 14 days of receiving a JSC recommendation to do so.
On Tuesday, he reversed himself, suspended Tunoi and set up a tribunal headed by Rao.
Uhuru said he changed his mind after consultation and review of the constitution.
"Rao chaired the board that vetted Tunoi. This amounts to open conflict of interest," Duale said in an interview.
Rao must be replaced once the President is back, the Garissa Township MP said. Uhuru is winding up a trip to Israel.
Rao, who was born in 1935, is past the age limit of 74 for judges under the 2010 constitution.
The jurist says his age is "a non-issue in law" concerning qualification to lead the Tunoi tribunal.
"I am happy to chair this tribunal as I have met all the set qualifications and I am looking forward to starting work,” he said on Thursday at a workshop in Naivasha before the vetting board's term expires.
A seven-member tribunal will investigate claims by journalist Geoffrey Kiplagat that Tunoi was bribed Sh200 million to rule in favour of the election of Nairobi Governor Evans Kidero after a challenge was filed.
The spotlight has turned on presidential aides said to be giving Uhuru bad advice, notably adviser on constitutional affairs Abdikadir Mohammed. He is said to have recommended Rao's appointment.
