“Going by the intent and purpose of the letter, which was to give a favourable ruling in the Uhuru case, it would have been prudent for the authors to have taken all the necessary steps to deliver the letter early enough before the ruling date,” the report observes.
“Enquiries conducted point out some discontent among judicial staff regarding the ongoing reforms by the Chief Justice,” the report reads in part. It adds: “It is also believed that a political agenda is involved.”
The report dated February 28 is signed by Pius Macharia for the Director Criminal Investigations and is addressed to the Inspector General of Police David Kimaiyo.
No report was made to any police station, security agencies or a person in authority until the CJ went public on February 20, the report indicates.
The investigators said although the stamp impression on the envelope had been mechanically erased, when placed under an electronic magnifier the letters “RON” were visible.
“The contents of the letter received through the Chief Justice office and contents of the letter downloaded from the Twitter account@Makau Mutua are the same,” the report says. “However the footer of the letter from the Chief Justice is typed while the one downloaded from the Twitter account appears handwritten,” it adds. The probe also touches on the February 14 incident regarding the delay of the CJ’s trip to Tanzania on the basis of a memo issued by head of Public Service Francis Kimemia dated November 9, last year, requiring top State officials to seek clearance for travel. The report notes the CJ had previously travelled using diplomatic and East African passports and was usually facilitated to travel.
“However, on February 18, the Chief Justice travelled using his diplomatic passport and hence the Immigration officers requested for the travel clearance as per the Head of Public Service circular dated November 9, 2012,” it says.
- The Standard
