Embattled Supreme Court Judge Phillip Tunoi has filed an application seeking another member of the Court of Appeal, Judge Milton Makhandia, to disqualify himself from the seven-judge bench hearing his retirement case.
The troubled judge made the application through his lawyers Fred Ngatia and Pheroze Nowrojee, claiming that judge Milton Makhandia would not give him a fair hearing.
Justice Tunoi argues that Justice Makhandia interacts with the Attorney General Githu Mungai frequently, thus raising doubts on conflict of interest that could potentially influence the case outcome.
This comes barely a week after Tunoi filed a similar application seeking to have Judge GBM Kariuki to be ejected from the appellate bench over claims that he (Tunoi) had fined him Sh500,000 in a case of contempt of Court back in 1994.
Last week on Friday, the judges acceptable to receive the application by Tunoi on GBM Kariuki over the issue.
“We are inclined to allow the filing of an application seeking the removal of Justice Kariuki because we want the court to appear to be fair and passionate in dealing with the matter before it. The request for adjournment to enable the filing of the said application is therefore allowed,” ruled the judges on Friday.
However, the Judicial Service Commission (JSC), through lawyers Paul Muite and Issa Mansur, have since stated that Justice Tunoi is engaging in sideshows to delay the hearing of his case.
Justice Tunoi is seeking an appeal against a High Court decision that all judges must retire at 70.
The judge is also waiting for President Uhuru Kenyatta to appoint a tribunal to investigate allegations that he received a Sh200 Million bribe from Nairobi Governor Evans Kidero, to influence the outcome of an election petition in the Governor's favour.