State House Gives Another 'Excuse' Over Tunoi's Tribunal

President Uhuru Kenyatta has given another reason explaining why he cannot form a tribunal to probe Supreme Court Judge Philip Tunoi.

In a letter to Chief Justice Willy Mutunga, State House indicated that the judge had a pending retirement case in the Court of Appeal, therefore the President was not in a position to form the tribunal before the determination of the case.

The letter undersigned by the President's Chief of Staff Joseph Kinyua, highlighted that the High Court had already declared that Tunoi retired as per Article 167 (1), which states: a judge shall retire from the office on attaining the age of seventy years.

However, according to Article 168 (5) of the Constitution, President Kenyatta ought to have suspended Justice Tunoi and formed a tribunal before the 23rd February 2016.

“At this particular moment in time when the appeal is still pending and where the status of the judge is subject to judicial consideration, implementing the recommendation of the Judicial Service Commission, in line with Art. 168 (5), would create a constitutional crisis,” the letter read in part.

Last week, State House Spokesman Manoah Esipisu indicated that the Judicial Service Commission had not submitted crucial documents meant to aid in the tribunal's investigations.

Judge Tunoi is facing probe on claims that he received a Sh200 Million bribe from Nairobi Governor Evans Kidero to influence the outcome of an election petition filed by his then rival Ferdinand Waititu.

Read Also: State House is Insincere on Justice Tunoi - JSC

The delay to form the tribunal has raised concerns, with the Law Society of Kenya demanding that the Head of State forms the panel before the deadline and publicly mention its members.

"He has no choice other than setting up the team to hear the case for now," Law Society of Kenya (LSK) Chairman Eric Mutua stated.

LSK further noted that President Kenyatta is risking an impechment for violating the constitution.

Read Also: State House Reveals Why Judge Tunoi Probing is Yet to Start

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