He wants the spy agency to admit or deny the account as it was used by the Judicial Service Commission as part of evidence to recommend a probe into his conduct
A report by the National Intelligence Service in relation to the Sh200 million bribery probe on suspended Supreme Court judge Philip Tunoi has stirred a heated argument as to who authored it.
In a bid to clear his name, Tunoi is threatening to go to court to force the agency to admit or deny the report.
The controversial five-page report is not signed, but was used by the Judicial Service Commission as part of its evidence to recommend a probe into Tunoi’s conduct.
The report was tabled before the JSC by the judiciary ombudsman Kennedy Bidali.
It shows details of phone calls, including timing, and text messages allegedly exchanged between the judge and his accuser Geoffrey Kiplagat.
Tunoi is accused of receiving the alleged bribe from Nairobi Governor Evans Kidero as an inducement for delivering a favourable ruling in a petition challenging his election. The petition was filed by Kabete MP Ferdinand Waititu, who had also vied for Nairobi governor.
The accusations against the judge were made by Kiplagat, who claimed to have been a go-between.
Following the allegations, the judiciary launched investigations and involved other government agencies to help with the probe.
Yesterday, the tribunal said it will not use the controversial report in its final decision because the report is classified information.
However, Tunoi’s lawyer Fred Ngatia said the report was used by JSC in its final verdict against his client and thus its ownership should be made public.
Last week, the tribunal directed lead counsel Paul Nyamodi to get confirmation from NIS.
Yesterday, head of the tribunal Sharad Rao directed that the issue about ownership of the report should rest as NIS had directed that none of its communication to either the judiciary, Judicial Service Commission or the tribunal should be used in regards to the probe.
The tribunal resumes its hearing on Tuesday.
(+) team probes judge’s conduct
The Judicial Service Commission found that Justice Philip Tunoi has a case to answer in relation to allegations of bribery. Following JSC’s recommendation, President Uhuru Kenyatta suspended Tunoi and appointed a tribunal to probe his conduct.