The tribunal investigating the conduct of suspended Supreme Court Justice Philip Tunoi is adjourned following a dispute over a National Intelligence Service (NIS) report. The report was “heavily” relied on by the Judicial Service Commission (JSC) to recommend investigations against the Judge.
Justice Tunoi’s lawyer Fred Ngatia declined to cross-examine JSC Ombudsman Kennedy Bidali until it is ascertained that it was NIS that authored the report. He argued that he would not question Mr.Bidali in a “blind” manner until the NIS is summoned to say whether it was behind the report. The report in contention is what the JSC relied on to have Justice Tunoi face a tribunal. It contained information that suggested that he and his accuser, Geoffrey Kiplagat, had meetings and phone conversations. The report was allegedly given to Mr.Bidali by an unnamed NIS officer.