Philip Kiptoo Tunoi
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Philip Kiptoo Tunoi is a Kenyan lawyer and a retired
Justice Justice, in its broadest sense, is the principle that people receive that which they deserve, with the interpretation of what then constitutes "deserving" being impacted upon by numerous fields, with many differing viewpoints and perspective ...
of the
Supreme Court of Kenya The Supreme Court of Kenya is the Supreme court, highest court in Kenya. It is established under Article 163 of the constitution of Kenya, Kenyan Constitution. As the highest court in the nation, its decisions are binding and set precedent on all ...
. He also served as a Judge of the East African Court of Justice.


Career

Justice Tunoi holds a bachelor's degree in law from the University of Dar es Salaam, a master's degree in philosophy from the University of Nairobi.Hon. Justice P. K. Tunoi, Justice of the Supreme Court: http://kenyalaw.org/kl/index.php?id=3323 He was awarded a PhD in philosophy from the
University of Nairobi , mottoeng = In unity and work , image = Uon emblem.gif , image_size = 210px , caption = Coat of Arms of the University , type = Public , endowment ...
in December 2013. Justice Tunoi worked as Provincial State Counsel for Nyanza and Western provinces from 1970 to 1973 before going into private practice until 1987 and served as Justice of the
High Court of Kenya The High Court of Kenya is a court of unlimited original jurisdiction in criminal and civil matters established under article 165 of the constitution of Kenya The Constitution of Kenya is the supreme lawof the Republic of Kenya. There have b ...
between 1987-1993 and as Justice of Kenya's Court of Appeal between 1993 and 2011. Justice Tunoi has held several other positions within Kenya's judiciary and the
East African Court of Justice , image = , imagesize = , caption = , motto = , established = 30 November 2001 , country = 6 member states of the East African Community , location = Arusha, Tanzania , coordinates ...
. In late May 2014, Justice Tunoi was served with a notice by the Chief Registrar of the Supreme Court to vacate his office by June 3 of the same year, having attained the age of 70, the mandatory age of retirement for Kenya's Judiciary. Together with High Court Justice David A. Onyancha, Justice Tunoi sued the Judicial Service Commission and the Judiciary challenging the decision to have them retired.Petition No. 244 of 2014, In the Matter Between Justice Philip K. Tunoi and Justice David A. Onyancha versus The Judicial Service Commission and The Judiciary, Ruling. ''Accessed 29 May 2014'' The lawsuit arises from the fact that the Judicial Service Commission had issued two contradictory notices on the age of retirement for judges. On May 29, 2014, the High Court issued a conservatory injunction prohibiting the Judicial Service Commission from retiring both judges pending the decision of the case.


Supreme Court career

When the first round of the presidential election took place on March 4, 2013.
Uhuru Kenyatta Uhuru Muigai Kenyatta (born 26 October 1961) is a Kenyan politician who served as the fourth president of Kenya from 2013 to 2022. Kenyatta was chosen by Daniel Arap Moi as his preferred successor, but Kenyatta was defeated by opposition le ...
was declared the
president-elect An ''officer-elect'' is a person who has been elected to a position but has not yet been installed. Notably, a president who has been elected but not yet installed would be referred to as a ''president-elect'' (e.g. president-elect of the Unit ...
of
Kenya ) , national_anthem = "Ee Mungu Nguvu Yetu"() , image_map = , map_caption = , image_map2 = , capital = Nairobi , coordinates = , largest_city = Nairobi , ...
by the
Independent Electoral and Boundaries Commission The Independent Electoral and Boundaries Commission (IEBC) is an independent regulatory agency that was founded in the year 2011 through the making of the Constitution of Kenya. The Commission is responsible for conducting or supervising refer ...
.
Raila Odinga Raila Amolo Odinga (born 7 January 1945) is a Kenyan politician, former Member of Parliament (MP) for Langata and businessman who served as the Prime Minister of Kenya from 2008 to 2013. He is assumed to be the Leader of Opposition in Kenya sin ...
challenged this in the
Supreme Court of Kenya The Supreme Court of Kenya is the Supreme court, highest court in Kenya. It is established under Article 163 of the constitution of Kenya, Kenyan Constitution. As the highest court in the nation, its decisions are binding and set precedent on all ...
.He was one of the six judges who dismissed the petition on March 30, 2013. However, his integrity as a Supreme Court judge came under scrutiny over allegations he had received a substantial bribe to influence an election petition case against
Nairobi County Nairobi City County is one of the 47 counties of Kenya. With a population of 4,397,073 in the 2019 census, it is the third smallest yet the most populous of the counties, also serving as the capital of Kenya. In 2013, the county entity was eff ...
governor
Evans Kidero Evans Odhiambo Kidero (born 20 May 1957) is a Kenyan politician and former Governor of Nairobi County. He served as CEO of Mumias Sugar Company for 8 years, resigning in 2012 to join elective politics. Early life Kidero was born in Majengo a ...
that was filed by Ferdinand Waititu. Following these allegations, the President of the Republic of Kenya suspended him from office and appointed a Tribunal to investigate the allegations and to recommend his removal if evidence should confirm that he acted improperly. While the Tribunal was going on with its hearings, Justice Tunoi lost the case he had filed in the courts challenging the attempts to have him retired at 70 years. After protracted litigation, the Supreme Court delivered a ruling which effectively confirmed that he should have been retired when he turned 70.Supreme Court Dismisses Rawal Tunoi Appeal on Retirement Age http://www.standardmedia.co.ke/article/2000205482/supreme-court-dismisses-rawal-tunoi-appeal-on-retirement-age He has therefore retired from the Supreme Court without the Tribunal concluding its investigations into the bribery allegations he faced.


References

{{DEFAULTSORT:Tunoi, Philip Kiptoo Year of birth missing (living people) Living people University of Dar es Salaam alumni University of Nairobi alumni 20th-century Kenyan judges 21st-century Kenyan judges