Statement by CJ Willy Mutunga on the matter of Justice Philip Tunoi

 STATEMENT BY CHIEF JUSTICE WILLY MUTUNGA ON THE MATTER OF JUSTICE PHILIP TUNOI. The Judiciary, Nairobi, January 25, 2016. [   ]Download Statement 

  1.     As part of the Judiciary transformation program, I have been clear and firm on the fight against corruption. This is the reason I have taken disciplinary measures against a number of Judiciary officers and invited Ethics and Anti-Corruption Commission (EACC) to conduct lifestyle audits for judges, magistrates, judicial officers and staff.


  1.     The Judiciary and the Judicial Service Commission (JSC) take allegations of corruption very seriously, and have acted very decisively in the past. This has been the case with the Bench, as well as in the administrative cadres of the institution. We are committed to running a clean Judiciary and any matter that is brought before us is investigated and acted on fairly without prejudice to individual rights or public interest.


  1.     I received a complaint against a Supreme Court Judge by way of a sworn affidavit in November 2015. I ordered that thorough investigations be carried out according to our internal protocols. I also authorized that this should include cross-checking the contents the sworn affidavit with other government agencies to verify the information contained therein. That process is now complete and a report has been concluded. And as required by the Constitution and other relevant statutes, I will forward the report to the Judicial Service Commission.  I will also forward the report to other government agencies including the EACC and the Director of Public Prosecutions (DPP).


  1.     From the Judiciary perspective, in view of the seniority of the judge, the gravity of the allegations, and the public interest this matter has generated, I will be presenting this matter to a special sitting of JSC that I have summoned for Wednesday, 27thJanuary at 10.00 am. The JSC will conduct its processes according to the law and the requisite due process.


            Thank you.