Rawal, Tunoi accuse Githu of seeking to fix retirement case

Two Supreme Court judges have accused Attorney- General (AG) Githu Muigai of secretly meeting with a Court of Appeal judge to influence the outcome of their retirement age dispute.

Deputy Chief Justice Kalpana Rawal and Justice Philip Tunoi claim that Prof Muigai has been meeting with Justice Milton Makhandia at the Karen County Club to hatch a plot on how to dismiss their appeal against a decision to retire them at 70.

“I am aware that Prof Muigai and Justice Makhandia regularly discuss judiciary affairs at the club. My appeal has been the subject of discussion between both of them and other judicial officers. I am therefore apprehensive that Justice Makhandia cannot be impartial in the dispute,” swore Justice Tunoi.

Justice Rawal made the same claims, forcing the adjournment of the hearing of her appeal after her lawyers George Oraro and Kioko Kilukumi insisted that Justice Makhandia disqualifies himself from the bench.

According to the two judges, the AG and other forces within the Judiciary have conspired to direct the proceeds and influence public opinion to force them out of the Supreme Court.

Justice Tunoi’s lawyer Fred Ngatia argued that Prof Muigai has held a hard-line position that all judges must retire at 70, and his meeting with Justice Makhandia to discuss the dispute shows he wants to influence the judge to take a similar position.

“Prof Muigai is a member of the Judicial Service Commission (JSC) and wrote an opinion which was extremely partisan. Despite taking a partisan position in the dispute, he wanted to be joined in the case but the court declined,” said Ngatia.

Judge Tunoi also want the presiding judge of the Court of Appeal bench, Justice GBM Kariuki to disqualify himself on grounds that he had fined the judge (Kariuki) Sh500,000 for contempt of court in 1994.

At the time, Justice Kariuki was a practicing lawyer when he appeared before Justice Tunoi. He was found guilty of contempt of court and fined the amount, in addition to being directed to make a written apology to the court for his conduct.

According to Justice Tunoi, a finding of guilt and conviction for contempt of court together with the fine dented Justice Kariuki’s character which would make him be biased against him.

“Justice Tunoi has reasonable grounds and apprehension that neither Justice Kariuki nor Justice Makhandia will render a fair hearing and determination of the dispute. It is only fair and just if they recuse themselves,” said Ngatia.

The JSC however through lawyers Paul Muite and Issa Mansur accused Justice Tunoi of engaging in sideshows to delay the hearing and determination of his appeal.