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Corruption in Kenya is Smarter Than We Are.


President Uhuru Kenyatta declined to form a tribunal to probe "Justice" Philip Tunoi. And here is what the President says: In a letter to the Chief Justice and Chairman of the Judicial Service Commission (JSC) Willy Mutunga dated February 19, President Kenyatta argued that suspending the Judge would occasion a constitutional crisis and advised that they await the outcome of an appeal he (Tunoi) had filed challenging a High Court decision to retire him after attaining seventy years of age.

President Kenyatta’s letter, sent to Mr Mutunga through the Chief of Staff and Head of Public Service Joseph Kinyua states: “Our attention has been drawn to the decision of the high court in Petition No. 224 of 2014 where the court at Para 398 concluded that the petitioners (justices Philip Tunoi and David Onyancha), like other judges serving on the effective date, transited into the new constitution under section 31(2); and post-vetting, that they serve on the terms thereunder, including article 167(1) which states that a judge shall retire from office on attaining the age of seventy years.

This is comes after a special committee formed by the JSC and chaired by Public Service Commission Chairperson Margaret Kobia ruled that there were sufficient grounds for the matter to be investigated further. Mr Mutunga had noted that the commission was satisfied that there was “inappropriate interaction and communication” between Justice Tunoi and an agent of a litigant in a matter that was pending before the Supreme Court. “This in the opinion of the commission amounts to gross misconduct and misbehaviour, sufficient to warrant the establishment of a tribunal to further investigate the matter,” the CJ stated.
Here is the catch, had the President formed the tribunal, Justice Tunoi would have remained suspended and on half salary for the entire duration of the investigation.
Corruption in Kenya is Smarter Than We Are. Corruption in Kenya is Smarter Than We Are. Reviewed by Ibrahim Magara on February 22, 2016 Rating: 5

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