Nairobi — A former Chief Justice was notified as early as 1999 that judges in Nyeri were taking bribes, but he failed to act, a tribunal heard yesterday.

A witness told the judicial tribunal that advocates at the station wrote to Chief Justice Bernard Chunga complaining of the misconduct.

The tribunal chaired by retired Chief Justice Majid Cockar heard that an advocate went to the extent of swearing an affidavit implicating suspended judge, Mr Justice Vitalis Juma, with corruption.

The affidavit sworn by Mr James Rika was yesterday presented before the tribunal.

Mr Justice Juma served as a judge in Nyeri until his suspension in October 2003.

Mr Charles Mwangi Gitundu made the claim during the inquiry in which the judicial tribunal is investigating allegations of corruption against Mr Justice Juma.

The tribunal also wants to know whether there was misconduct when Mr Justice Juma presided over a dispute involving the estate of Nyeri businessman Wathuku Ngure.

Mr Githinji Ngure, the businessman's brother, was embroiled in a legal tussle with his brother's alleged son, Mr Charles Wanjohi Wathuku, over the distribution of the estate estimated to be worth more than Sh200 million.

The Ngures' cousin, Mr Gitundu, yesterday produced Mr Rika's affidavit to bolster his claim. Mr Rika, who had represented Mr Wathuku in the wealth dispute before his services were terminated under unclear circumstances, accused Mr Justice Juma of having been bribed.

"The affidavit was presented in the case that was being presided over by Mr Justice Juma. But for some reason, the forces meddling in the case retrieved the document before the hearing," Mr Gitundu claimed.

The suspended judge has been accused of giving away the entire estate to Mr Wathuku, an employee of the businessman he allegedly mistook for his son.

Mr Wathuku, the tribunal heard, proceeded to sell 210 acres of the land to Mr Humphrey Kariuki, triggering off the current judicial probe.

Yesterday, Mr Gitundu claimed that most of the advocates practising in Nyeri at the time could not be trusted to adhere to the principle of confidentiality.

Mr Ngure's cousin told of difficulties he had in convincing the Ringera Committee that investigated graft in the Judiciary that Mr Kariuki bought Mr Justice Juma's decision.

"I recall Mr Justice Ringera, the chair, demanding that I give evidence that Mr Kariuki bought the ruling. I told them how Mr Kariuki boasted that he had bought justice.,"

The hearing continues.