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'You are wrong', LSK tells Uhuru on Tunoi tribunal

22 February 2016, 22:39

Nairobi - The Law Society of Kenya has told President Uhuru Kenyatta that he is wrong not to form a tribunal to investigate Supreme Court Judge Philip Tunoi over bribery claims.

The President, The Star reports, risks impeachment for failing to appoint a tribunal to probe bribery claims against Tunoi, the LSK has said.

Chairman Eric Mutua said Uhuru has violated the constitution by failing to follow JSC recommendations to form a tribunal to investigate claims that the judge received a KES 200 million bribe.

"We wish to remind the President of the provisions of article 145 (1) of the Constitution that provides that he is subject to the Constitution and that he may be impeached by Parliament for such a violation,” Mutua said.

"Under article 168 (5) of the Constitution, once the President receives a petition from the JSC advising that a tribunal be constituted to investigate a judge, he must constitute it within 14 days."

Capital News quoted the LSK boss in a statement on Monday, Mutua said should Uhuru's failure to meet the Tuesday deadline for the formation of the tribunal will be "a blow to the fight against corruption and the quest to clean the judiciary".

"Any tribunal or body constituted after the 14-day period shall be unconstitutional and subject to challenge. Accordingly, irrespective of the decision by the court of appeal, Justice Tunoi may never be investigated,” he said.

He asked the Attorney General to either properly advise the government or resign.

Tunoi allegedly received the bribe to deliver a favourable judgement in a petition against Nairobi Governor Evans Kidero in August 2014. 

Former Judicial Service Commissioner Ahmednasir Abdullahi also weighed in through his Twitter account and was of the opinion that the Head of State had been misled by the Attorney General.

“@UKenyatta your excellency the Constitution is too simple and clear. You can’t ignore or obey as u wish. Shocking,” he tweeted.

Tunoi has thus far denied the charges.

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- News24

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