Tunoi tribunal adjourned over Supreme Court decision

What you need to know:

  • This left the tribunal investigating the conduct of Justice Tunoi over allegations that he received a Sh200 bribe hanging on the balance as the team can only investigate a sitting judge.

  • “It would be unwise for us to proceed without knowing first of all what was ordered and what the CJ’s direction would be on Thursday,” said tribunal chairman Sharad Rao.

The tribunal investigating Supreme Court Judge Philip Tunoi was forced to adjourn Wednesday following a Supreme Court decision on the retirement age of judges.

Tribunal chairman Sharad Rao said following the Supreme Court decision sending Judge Tunoi home, the sittings of the tribunal would resume Tuesday next week.

He however expressed an opinion that the alleged offence was committed when Judge Tunoi was in office, which could make it necessary that the tribunal reaches a conclusion on the matter.

The Supreme Court also lifted the temporary orders which suspended the judgment of the Court of Appeal that had set the retirement age of judges at 70, meaning deputy chief justice Kalpana Rawal should go home.

“It would be unwise for us to proceed without knowing first of all what was ordered and what the CJ’s direction would be on Thursday,” said tribunal chairman Sharad Rao.

Chief Justice Willis Mutunga Tuesday set aside an application to suspend the Supreme Court judgment, giving the highest court’s final decision on the matter.

Can only investigate a sitting judge

This left the tribunal investigating the conduct of Justice Tunoi over allegations that he received a Sh200 million bribe hanging on the balance, with some arguing that it can only investigate a sitting judge.

Judge Rao said next week’s sitting will also allow the lead counsel for the Tribunal and that of Justice Tunoi to make their submissions on the Supreme Court decision.

Justice Tunoi also told the tribunal that he needed more time to study the decision following the Tuesday pronouncement of the Supreme Court.

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