The tribunal investigating suspended Supreme Court Judge Philip Tunoi expressed concern over the non-appearance of Judiciary Ombudsman Kennedy Bidali to testify about his preliminary investigations over the Sh200 million bribery claims facing the Judge.
Chairman Sharad Rao said Bidali should have personally appeared before the seven-member panel to seek permission before proceeding to Mombasa for a workshop of Judicial Heads of Court Stations that started yesterday until Sunday.
Rao stated, "We express our displeasure. We understand the anxiety that these proceedings have caused the Judge and the public. All potential witnesses who have been served with summons must appear without undue delay."
The tribunal was forced to postpone its sittings until the next day but directed Lead Assisting Counsel, Paul Nyamodi, to ensure Bidali appears the following Tuesday to give evidence. Nyamodi explained that the Chief Registrar of the Judiciary, Anne Amadi, had formally informed him about Bidali’s engagement in Mombasa.
Nyamodi said Bidali, who is the Chief Magistrate in charge of the anti-corruption court at the Milimani law courts, had been served with the summons the previous week and was expected to honour them. He undertook to inform Bidali and Amadi about the reservations expressed by the tribunal.
Lawyer Paul Lelan, representing Justice Tunoi alongside lawyer Fred Ngatia, said the delay in summoning crucial witnesses was inexcusable and requires urgent intervention. However, he said the application for adjournment was inevitable due to the absence of a key witness.
Additionally, the Tunoi Tribunal dismissed as insufficient the apology offered by The Daily Nation following complaints by Justice Tunoi’s defence team of gross misreporting and distortion.
The recovered account cited reporting by Mediamax.
