By Eric Biegon
NAIROBI, The Law Society of Kenya (lsk) wants an overall reconstitution of the Supreme Court bench should the Judicial Service Commission establish that Justice Philip Tunoi is culpable of corruption.
LSK chairman Eric Mutua claimed Tuesday that it if indeed Tunoi received a bribe to influence the outcome of a petition challenging the election of Nairobi Governor Evans Kidero, then the entire bench could be guilty of complicity since no one expressed dissent in the ruling.
“Once the tribunal makes the determination and it is found that indeed there was corruption, then it affects the entire Supreme Court, and in our view the only remedy available if this is proved to be true is to reconstitute the entire Supreme Court,” he said.
“No Kenyan will have confidence in this Supreme Court if corruption allegations against Tunoi are true. In the Supreme Court, you do not have one judge to determine how a decision is going to be. You must have on your side at least three judges.”
Meanwhile, a section of lawyers called on the other judges of the Supreme Court to come out and show cause why they are not accomplices of the shocking high level graft.
Chief Justice Willy Mutunga has confirmed that the Judicial Service Commission will begin to probe the issue starting Wednesday.
Lawyer George Kithi said the credibility of the Court is in sharp focus. “The outcome of Kidero’s case was unanimous. What happened? Were the others active players? Were they hoodwinked or was it justice delivered,” he posed.