Flip-flopping on the Justice Philip Tunoi Tribunal



On Friday 5th February 2016, the Special Committee of the Judiciary Service Commission (JSC) released its recommendation after probing bribery allegations facing Supreme Court Judge Justice Philip Tunoi. The Commission was satisfied that from the totality of the material and information presented before it there was inappropriate interaction and communication between the Hon. Mr Justice Phillip K. Tunoi and agents of a litigant in a matter pending before the Supreme Court. Geoffrey Kiplagat had alleged that Justice Tunoi was bribed Sh200 million to rule in favour of the election of Nairobi Governor Evans Kidero after a challenge was filed.​

• On Tuesday 16th February 2016 while addressing the press, State House Spokesman Manoah Esipisu revealed that upon submission of the report by the special Judicial Service Commission (JSC) committee to the President, it was discovered that crucial documents meant to aid in the tribunal's work were missing.​
  
• On Monday 20th February 2016- The Chief of Staff Joseph Kinyua in a letter to the Chief Justice and Judicial Service Commission stated that President Uhuru would not set up a tribunal because of a pending case in which Tunoi challenges his retirement age. The letter stated that it makes no sense to form a tribunal to determine if Tunoi should be removed from office if it is found that he was meant to have left office anyway, on account of his age.​
  
• On Tuesday 23rd February 2016, Kenya’s President Uhuru Kenyatta reversed his earlier position and suspended Supreme Court judge Philip Tunoi and appointed a tribunal to investigate claims he took $2 million (Ksh 200 million) bribe to sway an election petition in 2014. President Kenyatta, while appointing the seven-bench tribunal, explained that he had taken the decision after further consultations and taking into account the 14-day constitutional timeline for setting up the tribunal.
• The tribunal will be chaired by the Judges and Magistrates Vetting Board chairman Sharad Rao. Other members include Judge Roselyn Korir, retired judge Jonathan Havelock, Ms Judith Guserwa, Mr James Kaberere Gachoka, Mr Abdirashid Abdullahi Hussein and Mr George Munji Wakukha.
• On Sunday 28th February 2016, Principal Administrative Secretary in the Office of the President Kennedy Kihara went on record to confirm that Justice (rtd) Jonathan Havelock has replaced Sharad Rao as Chairman of the tribunal formed to ascertain Suitability of Justice Philip Tunoi to continue serving as Judge of Supreme Court.
• On Wednesday 4th March 2016, the Tribunal was sworn in by the Chief Justice with Sharad Rao as its Chairperson.It was reported that Retired judge Jonathan Havelock was not sworn in after protesting that he has not be paid his retirement benefits amounting to Ksh 8 million