Judge Philip Tunoi tribunal will not make verdict in report

Retired Supreme Court judge Philip Kiptoo Tunoi

The tribunal investigating retired judge Philip Tunoi in the Sh200 million bribery claim will not make recommendations on whether he is guilty or not. Chairman Sharad Rao closed the hearings yesterday saying they would not also continue investigating the former Supreme Court judge after he was retired.

Rao said Justice Tunoi is no longer a judicial officer who could be retained or removed. The tribunal sat for two months and called in 14 witnesses.

However, the tribunal will still give a report to President Uhuru Kenyatta containing all the evidence it gathered. Rao said the guilt or innocence of the former judge could not be decided because all the witnesses did not testify.

"The tribunal does not intend to decide one way or another in the circumstances of the matter whether it is functus officio or not but to report on the facts to his Excellency the President on the status of the evidence now before it. The general public interest of administration of justice requires this," Rao ruled.

Those who were still in line to testify, according to Rao, were former Chief Justice Willy Mutunga, senior lawyer Paul Muite, lawyer Issa Mansur and former judiciary research fellow Shem Odek.

Geoffrey Kiplagat was expected back to explain inconsistencies in his testimony in relation to mobile phone record which gave a different narrative that those involved in the alleged bribery were in different places within Nairobi on the material day.