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STORY 1: RAW

Joseph Kibet Kiplelmet, father of Geoffrey Kiplagat who recently made a damning
allegation concerning a corruption claim against supreme court judge Philip Tunoi has
spoken over the issue for the first time.

In an interview with Saturday Nation, Mr. Kiplelmet who is justice Tunoi 's age mate said
when his son complained that he had been shortchanged, he with a group of Keiyo elders
tried to reach out to the judge for the issue to be sorted out but were unable to get
him.

He said when his son attended the burial of a relative in December at his home
in Chepkorio in Keiyo South Constituency he complained that he had received
threats to his life.
Mr Kiplelmet said that he later learnt that his son, a second born of his second
wife had gone public over the issue when he (Mr Kiplelmet) was in Tanzania.
"It was our wish that the issue do not go public as we wanted it sorted out
amicably as Justice Tunoi has been our family friend for many years,"said Mr
Kiplelmet, adding that the son claimed that he would have been given Sh30
million in the deal.

He said that as was later to learn, his son had already prepared an affidavit and
was just waiting for the opportune time.

Mr Kiplelmet said that he has known justice Tunoi for the last 20 years having
worked in a family where the judge married at the home of the famous late
Athnas Kandie.

Kalenjin Council of Elders (Gotaab Myoot) Keiyo chapter who spoke to the
Saturday Nation were of the opinion that the Judiciary to suspends the
team investigating bribery allegations against Justice Tunoi.

The elders want to be left to perform a traditional oathing-cum cursing

ceremony known in Kalenjin dialect as 'Muuma.’

The elders led by Joseph Cherono observed that the traditional ceremony only to
be performed by grey-haired and senior- members of the community will unearth
the truth because they do not have faith on the bribery probe team constituted by
Chief Justice Willy Mutunga.
The Muuma is a blood-chilling traditional ·ceremony meant to solve disputes
and dire consequences including death and madness on those perpetrating
impunity.

"We want both Justice Tunoi and the whistleblower Geoffrey K:iplagat to come
before us and tell the council what they know over the allegations. This will
offer an impartial verdict because we know the judiciary is full of succession
politics and witch-hunt. Justice Tunoi is not an exception," the elder told the
Saturday Nation in Eldoret.

He said the special traditional ceremony is revered in the community because it

has proved to be the best mechanism to solve cases of injustice and even this
one they believe truth will be known.

“Keiyos and Tugens were known to be fierce cattle raiders during the pre-
colonial era but a traditional ceremony performed to curse the perpetrators has
bonded the two communities to date. This is what we want to carry out in regard
to Tunoi bribery allegations,"said Mr Cherono.

The elders said they have been prompted to act in such a manner after senior
community members have been sacked on graft allegations based on pure malice
and witch-hunt.

“Former Judiciary Chief Registrar Gladys Boss Shollei among others have been
hounded out of office under unclear circumstances and we do not want the same
injustice to happen to others,” said Joseph Kendagor, another elder.]

The elders defended the besieged judge saying since he was a practicing lawyer
as a man of impeccable character and it was shocking to hear he received bribes.

At home he is individual of integrity where he is a church elder and if indeed he

received such amount, then his lifestyle would have changed. His wife still has a
humble cafe as before and travels in the same old vehicle, “said Major retired
Charles Chesire.

Major Chesire said that they will not keep quiet this time round when
senior members of the community are maliciously removed from the public
service.

“We are aware of ongoing succession politics in the judiciary and Justice Tunoi
was sitting alongside other judges when they delivered the ruling upholding
Nairobi Governor Evans Kidero's election. Those judges should also come
forward and tell the world what they know," said Joseph Chebon.
Prof Margaret Kamar whose paternal home is a stone throw away from
Kiplagat's home called for expeditious and independent probe into the saga
saying the community feels shocked by the recent turn of events .

Justice Tunoi who hails from Kaptarakwa area which is in the same constituency with
Chepkorio has admitted knowing Mr. Kiplagat but has denied the sh.200 million claim. But
he lives in Chepkanga in neighbouring Uasin Gishu.

A day after the claim was made against him, the judge attributed his tribulations to supreme
court succession games.

“I’ve never taken a bribe in my life; such allegations have never been made against me. The
accusations are being used to malign my service to the judiciary,” justice Tunoi said on
Tuesday last week.

Mr Kiplagat claims that justice Tunoi received a sh.200 million inducement to dismiss
election petition field by Kabete MP Ferdinand Waititu against Nairobi Governor Dr. Evans
Kidero.

The corruption allegations facing Supreme Court judge have brought into question the
decision to uphold the election of Nairobi Governor Evans Kidero.

The seven judges of the Supreme Court heard the Election petition filed by Kabete MP
Ferdinand Waititu and delivered a judgment in August 2014.

CHIEF Justice Willy Mutunga, his deputy Kalpana Rawal, and Justices Tunoi, Jacktone
Ojwang, Mohammed Ibrahim, Smokin Wanjala and Njoki Ndung’u sat on the bench.

Justice Tunoi and Dr Kidero have denied the bribery claims. Justice Tunoi termed the
allegations as pure lies and claims not to have known the whistleblower. Dr. Kidero has
promised to take legal action against those associating him with the bribery.

STORY 2: Revised

A group of elders tried to mediate in the dispute between Supreme Court judge Philip Tunoi
and his accuser in the alleged Sh.200 million bribery scandal, Geoffrey Kiplagat.
J
The two main players in the saga that may have far reaching consequences on Kenya's
highest court come from neighbouring villages in Elgeyo Marakwet' County.
Mr Kiplagat alleges he brokered the bribe for the judge to rule in favour of Nairobi
Governor Evans Kidero in an election petition filed by his opponent Ferdinand Waititu.
Both the judge and the governor have denied the allegations.

A committee set up by Chief Justice Willy Mutunga to look into the allegations yesterday J

recommended that a tribunal be formed to investigate the judge.

Kiplagat’s father, Joseph Kibet Kiplelmet, told Saturday Nation yesterday that they have
been family friends with the Tunois for more than 20 years.

The Tunois are from Kaptarakwa which is about 35 kilometers East of Eldoret on the
Kaptagat road while Kiplements live in Chepkorio, less than 20 kilometers away.

In an interview with Saturday Nation, Mr. Kiplelmet said his son complained to him about
being short-charged in the deal in December last year when he attended a funral in the
village.

But he says what concern him most was not the sh.30 million kiplagat alleged to have been
promised, but the fact that he said his life was in danger because he was receiving threats.
Strange people were also trailing him to his residence in Nairobi.

“Together with a group of elders, we tried to reach out to the judge for the issue to be sorted
out, but we were unable to get him,” he said.

Mr kiplelmet said that he later learned that his son had gone public on the matter.

“ it was our wish that the issue does not go to the public as we wanted it sorted out amicably
as justice Tunoi has been our family friend for many years,” said Mr. Kiplelmet.

Mr Chirchir Masit, who says he was among the elders who organized the mediation in 2014,
said that they pulled all the stops to get in touch with Justice Tunoi, including involving a
former Eldoret Mayor to no avail.

“unfortunately, we were unable to meet the judge who is respected in the community. The
boy (Mr Kiplagat) later old us that he no longer picks his calls. I think that is when he
decided to go public over the issue,” Mr Masit told Saturday Nation.

The saga has divided opinion in the two villages with each defending its own son.

“ justice Tunoi is a man the community respects and it is impossible to mudsling. He is a

good man, and the whole village does not understand this,” said 63- year- old Rashid arap
Chebii who has known the judge since their childhood.
Though the 72-year-old judge has since moved to Cheptanga in neighbouring Uasin Gishu,
former paramount chief William arap Baiyas said he had kept in touch with the judge who
he said was an amiable man.

“ Justice Tunoi would send money to tens of students here so they could continue learning
though he did not frequent his Kaptarakwa home, he will send money for any harambee
around,” said the 72-year old arap Baiyas.

Mr Daniel Chebet, a 68-year old former Eldoret Municipal Council Employee, said Mr
Tunoi was “largely a nice person.”

In Chepkanga, Justice Tunoi is described as a very private man who hardly interacts with his
neighbours unlike his accuser, Kiplagat who was well known radio personality and
parliamentary aspirant in the 2013 General Election.

“He ( Tunoi) is a very quiet man. You can rarely know when he is around. we once tried
seeking an audience with him. We wanted to invite him for fund raising in aid of our local
church, but we couldn’t. He never picked our calls, and I was told that is his style,” said a
neighbor, Mr Ezekiel kiyeng.

In Chepkorio ,Lelmet, as kiplagat is better known by his surname, is described by his

neighbours as “an out-going person ‘, A “cheerful go-getter” and “ a man of the people.”

Gladys Tapkele, who says she has known Kiplagat for many years says he interacts with
many people and is often cheerful.

“ I used to hear him read news on the radio, ( kass fm) and his voice often reminded me of
our childhood,” she recalls, “ but this story going round has really puzzled me. I can’t
believe Lelmet was involved in such a bad thing.”

“ He is a very hardworking and ambitious man. We are surprised to hear people describing
him as an extortionist, ”said Joseph Ruto, the Elgeyo Marakwet county ODM chairman.

“ why should he loose life for assisting people as per their agreement? Si apewe tu haki
yake( he should get his right.). utafaidika nini ukiacha motto akilia na unakunywa maziwa?
(what will it benefit you if you enjoy milk when the child is crying?” asked Mr. Ruto.

Aged 72, Tunoi belongs to the sawe age group together with Kiplagat’s father. So,
according to the Keiyo culture, despite not being related by blood; Kiplagat addresses Tunoi
as “father”.

And as a sign of respect, Kiplagat has to take any instructions from the judge without
question and expect no favour unless the old man dims it fit to do so.