President Uhuru Kenyatta risks impeachment for failing to appoint a tribunal to probe bribery claims against Supreme Court Judge Philip Tunoi, the LSK has said.
Chairman Eric Mutua said Uhuru has violated the constitution by failing to follow JSC s to form a tribunal to investigate claims that the judge received a Sh200 million bribe.
"We wish to remind the President of the provisions of article 145 (1) of the Constitution that provides that he is subject to the Constitution and that he may be impeached by Parliament for such a violation,” Mutua said.
"Under article 168 (5) of the Constitution, once the President receives a petition from the JSC advising that a tribunal be constituted to investigate a judge, he must constitute it within 14 days."
In a statement on Monday,
Mutua said should Uhuru're failure to meet the Tuesday deadline for the formation of the tribunal will be "a blow to the fight against corruption and the quest to clean the judiciary".
"Any tribunal or body constituted after the 14-day period shall be unconstitutional and subject to challenge. Accordingly, irrespective of the decision by the court of appeal, Justice Tunoi may never be investigated,” he said.
He asked the Attorney General to either properly advise the government or resign.
Tunoi allegedly received
he birbe
to deliver a favourable judgment in a petition against Nairobi Governor Evans Kidero in August 2014.
Chief Justice Willy Mutunga said the Judicial Service Commission sub-committee was satisfied there were grounds to carry out further investigations and asked the President to set up a tribunal to probe the claims.
State House the President will not form a tribunal to remove Tunoi until an appeal on his retirement is determined.