Detective doubts Kidero, Tunoi Sh200m bribe meeting claim

A detective testifying at the tribunal investigating bribery allegations against suspended Supreme Court judge Philip Tunoi has expressed doubts over a meeting at a petrol station where the Sh200 million is alleged to have been exchanged.

Inspector Monica Wambui Githaiga told the tribunal that mobile data of lawyer Katwa Kigen, businessman Kiprop Chirchir, former journalist Geoffrey Kiplagat and Nairobi governor Evans Kidero shows they were in different locations on August 27 between 7pm and 9pm when the bribe was said to have been paid.

She said Dr Kidero was in North Muthaiga, Mr Chirchir was in Woodley Estate, Mr Justice Tunoi in Kileleshwa and Mr Kigen was in the city centre and Menelik Hospital in Kilimani between 7pm and 9pm.

“Each and every person was at his own location,” said Ms Wambui in response to a question from Fred Ngatia, Mr Justice Tunoi’s lawyer.

Dr Kidero is alleged to have bribed the judge Sh200 million to rule in his favour in an election petition pitting the governor against now Kabete MP Ferdinand Waititu.

On Monday, Safaricom confirmed communication between the judge and Mr Kiplagat via text messages.

Safaricom head of special projects Shaka Kwach told the tribunal that the telco does not access user content of messages or calls. The firm can only share the duration the calls are made, time and the date. All calls and SMS are encrypted.

Ms Wambui said Mr Kiplagat sent nine SMSs to Mr Justice Tunoi while the judge sent two, adding that  there were no voice calls between the two. Mr Kiplagat will Tuesday appear before the tribunal.

Mr Chirchir is said to have accompanied the governor to a fuel station on Waiyaki Way in Nairobi where the bribe was handed out while Mr Kigen accompanied the judge.

READ: Tunoi lawyer pokes holes in Sh200m bribery affidavit

Mr Kiplagat, who made the allegations against Mr Justice Tunoi, claimed the Mercedes-Benz that ferried the judge was driven by Mr Kigen. He also claimed he was sitting with the judge in the car during the exchange.

The second car, which the journalist claimed was at the scene, was a Toyota Land Cruiser.

Inside the Land Cruiser, he said, were Dr Kidero, Mr Chirchir and a third person he did not know.

On Monday, Dr Kidero said he was at his home in Muthaiga when the alleged bribery was made and denied ever meeting Mr Kiplagat.

Mr Kiprop said he owned the Toyota VX KBN 900 B that Mr Kiplagat said was used during the exchange of the bribe, but denied being at the Westlands petrol station.

“I have a selfie on my phone that I took in the house on the date I am allegedly exchanging money,” said Mr Kiprop.

The National Intelligence Service has also disowned a report that the Judiciary Service Commission relied on to indict Mr Justice Tunoi.