PH
President Uhuru Kenyatta has refused to form a tribunal to investigate Supreme Court judge Philip Tunoi over bribery allegations. But why?
According to sources at the Attorney General’s office, the President is not keen on putting Tunoi through a tribunal as it would present a tricky situation for the state of the judiciary very close to the 2017 General Elections.
Any tribunal would likely lead to repercussions that would most probably see the whole Supreme Court in a tight corner and the disbandment of the court a possibility.
It would also render the Judiciary unfit in the eyes of Kenyans moving forward and that would represent massive surgery needed, something the executive is looking to avoid very close to the elections.
” The President is not keen on a tribunal as it could lead to the disbandment of the Supreme Court and likely it would also affect other courts such as the Appeal Court this close to an election year,” the source stated.
” That would be dangerous for the country so close to an election year,” the source added.
Thus the move by the President to wait and see if the Judge is retired to avoid a tribunal if possible.
The Law Society of Kenya though, says the move goes against the constitution.
Chairman Eric Mutua said Uhuru has violated the constitution by failing to follow JSC recommendations to form a tribunal to investigate claims that the judge received a KES 200 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.”
Tunoi has said he did not receive the bribe from Nairobi Governor Evans Kidero and states that the accusations are false and a fabrication.
