President Uhuru Kenyatta has reversed his position on the constitution of a tribunal to investigate whether Supreme Court Justice Philip Tunoi remains fit to hold office and tasked a seven-member team with the job.

President Kenyatta has suspended Justice Tunoi and appointed Judges and Magistrates Vetting Board Chairman Sharad Rao to head the tribunal also composed of Justice Roselyne Korir, Retired Justice Jonathan Bowen Havelock, Judith Abrahams Guserwa, James Kaberere Gacoka, Abdirashid Abdullahi Hussein and George Munji Wakukha.

In a statement, President Kenyatta said he decided against putting off its formation “after further consultation.”

On Monday, State House made public a letter from President Kenyatta’s Chief of Staff Joseph Kinyua to Chief Justice Willy Mutunga which indicated that there would be no tribunal formed before the Court of Appeal rendered its decision on Tunoi’s retirement.

Kinyua’s argument was that should the Court of Appeal, like the High Court, find that Tunoi should have retired at 70, an examination of his suitability as a judge would be futile.