State House is investigating one of President Uhuru Kenyatta's legal advisers who on Sunday announced a change to the tribunal investigating Supreme Court Judge Philip Tunoi.
Solicitor-General Njee Muturi yesterday disclosed that Principal Administrative Secretary in the Office of the President Kennedy Kihara was under investigation for telling KTN that Rao had been replaced as tribunal chairman.
“The President communicated, he appointed the tribunal and nothing changed. Anything else that changed is speculation,” said Muturi.
He was speaking as he witnessed the swearing in of tribunal chairman Sharad Rao and other members in the absence of retired Judge Jonathan Havelock.
On Sunday, Kihara said on KTN that Havelock would be replacing Rao, whose suitability has been questioned.
Kihara categorically said: “I am not sure whether [Rao] will be a member of the tribunal, but I am sure that he is not the chair. Jonathan Havelock will chair the tribunal.”
Muturi said the state had not dropped Rao as chairman of the tribunal on account of his age, contrary to Kihara’s claims.
Sources within the Presidency have intimated there has been a power struggle between the President’s legal advisers.
There is said to be one faction that is allied to Attorney General Githu Muigai and another to the Solicitor-General.
The two groups, sources say, have been giving the President contradictory legal counsel on various issues, including the formation of the tribunal.
The tribunal will investigate claims that Justice Tunoi received a Sh200 million bribe from Nairobi Governor Evans Kidero.
It will call witnesses and determine whether or not he is blameworthy.
If it finds him culpable it will recommend his removal and if it finds him innocent it will advise he be reinstated.
Justice Havelock told the Star on the phone on Tuesday he received no official communication that he would chair the tribunal.
The claims of replacement came after Rao, who chairs the Judges and Magistrates’ Vetting Board, saw his suitability questioned based on his age and his previous vetting of judge Tunoi.
But Rao said there is no constitutional requirement of age limit for a tribunal member or chairperson. He is 80 years old.
Rao and Muturi played down the concerns about age, arguing that those dissatisfied had the option of moving to court to challenge the decision.
Other members of the tribunal are Judge Roselyn Korir, Judith Guserwa, James Kaberere, Abdirashid Hussein and George Munji Wakukha.