REPUBLIC OF KENYA

IN THE MATTER OF THE OATHS AND STATUTORY DECLARATIONS ACT (CHAPTER 15 OF THE LAWS OF KENYA)

AFFIDAVIT



I, JUSTICE PHILIP K. TUNOI, residing in Nairobi and of Post Office Box Number 3041-00100 Nairobi make oath and state as follows;

1.THAT by a letter dated 27th January 2016, the Secretary, Judicial Service Commission forwarded to me an affidavit purportedly made by Geoffrey Kiplagat (hereinafrer referred to as “the deponent”).

2.THAT the affidavit was allegedly sworn on 22nd November 2014 before Mansur Muathe Issa.

3.THAT prior to the dispatch of the letter afore-deponed, the false contents of the affidavit had been supplied to media houses and had received pervasive publicity.

4.THAT the affidavit seeks to advance a cloak and dagger activity to the deponent as follows;

a. An assignment given to him on telephone by Michael Njeru to enlist me to “assist” achieve a “favourable” outcome for Mr. Evans Kidero. He was given the assignment “in early May 2014”

b. The deponent’s unsuccessful attempts to reach me on telephone by which commenced on 4th May 2014.

c. The deponent’s unsuccessful attempts to arrange a meeting at, Inter alia, “Kengeles Lavington”.

d. The deponent’s telephone conversation with a Keiyo elder one “Ernest Keitaney”

e. The alleged involvement of “John Osogo” who is said to be the personal assistant of Mr. Evans Kidero.

f. Involvement of a “Maasai University professor” as well as “a group of Maasai friends”

g.) Involvement of several other people culminating to a strange encounter at a petrol station at night where allegedly “a very big brown briefcase” was given to Katwa Kigen. The deponent unashamedly assumes that the briefcase contained money notwithstanding that in his narration, we had not seen any money being put in the briefcase.

It is beyond comprehension how I could participate in such a scheme to solicit a bribe from Mr. Kidero.

5. THAT the continued narration of intrigue and espionage is unworthy of any person notwithstanding the motivation and/or the gain which is contemplated.

6. THAT the deponent hails from my home; attempted an elective position during the last General Elections and was unsuccessful. Since then, the deponent is a busy body who pretends to be connected to persons in the public service.

7. THAT at no time did I ever conspire and/or agree to assist Mr. Evans Kidero in his appeal either at the instance of the deponent or any other person.

8. THAT the allegation that I received US$2 million from Mr. Katwa Kigen or anybody else is false, evil and capricious.

9. THAT the allegations that I was to meet the deponent so as to seek a bribe is untrue and intended to advance other ulterior purposes.

10. THAT it is illustrative that I filed a Petition in the High Court on 27th May 2014 seeking a determination that my retirement age is 74 years. In that Petition I named Judicial Service Commission and the Judiciary as the 1st and 2nd Respondents respectively.

11. THAT Mr. Mansur Muathe Issa was appointed by both Respondents to act for them in the suit and he filed a Notice of Appointment in the High Court on 9th June 2014.

12. THAT it was notable that Mr. Issa was, at the relevant time, acting for JSC in virtually all the cases which were in various courts.

13. THAT the date inserted in the deponent’s affidavit bears unmistakable similarity to the handwriting of Mr Issa. Indeed, it was his legal duty to insert the date when he allegedly commissioned the affidavit.

14. THAT in the event that the affidavit was commissioned on 22nd November 2014, Mr Issa was at the time engaged by JSC to defend the case which I had filed.

15. That it is equally probable that Mr. Issa backdated the affidavit. It is more probable that the fiction was created late last year and a compliant person appointed to backdate the affidavit.

PREPARED THE FICTION

16. That it is also evident that the affidavit does not bear the name of the person who drew it. It is thus probable that elements within the Judiciary prepared the fiction but could not disclose their true identity.

17. That whereas I was part of the bench that heard the appeal by Mr Evans Kidero and took minimal part in plenary deliberation, I did not prepare the judgement. The draft judgement was prepared and circulated to me in the normal manner and I indicated my approval on the draft.

18. That it was most prejudicial to permit the publication of such obviously cheap fictional piece of imagination which is solely intended to achieve my removal from the bench oblivious of the great damage to my character or the damage to the judiciary.

19. That what is deponed herein is true to my knowledge.

Sworn at Nairobi by the said Justice Philip K.Tunoi This 29th day of January 2016