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Judges on the List of Shame could face criminal charges for corruption and abuse of office.
Some of the 23 judges suspended following accusations of graft and other offences are to be interrogated by police before facing disciplinary tribunals, it was revealed yesterday.
They will be summoned individually and confronted with the allegations contained in the report on Corruption in the Judiciary compiled by the committee headed by Mr Justice Aaron Ringera.
Police will have to open a file on each of those facing the two disciplinary tribunals set up by President Kibaki on Wednesday: one to hear the cases of six Appeal Court judges, and one for the 17 suspended High Court judges.
The files will contain details of the allegations against each judge, the evidence on which they are based and the judges' responses to the claims, together with any other documentary or video-taped evidence.
"The tribunals cannot start operating until an investigation team is set up to interrogate the judges and record their statements," one source explained.
The judges are likely to be summoned for questioning to either the Kenya Anti-Corruption Commission's headquarters at Integrity House, Nairobi, or to the nearby CID headquarters for questioning.
The anti-corruption commission was considering a corruption case against one of the Appeal judges before the Ringera team was even formed, the Nation established yesterday. The investigation was put on hold to give the Ringera team a free hand, it is understood.
That judge is now likely to face charges of corruption and abuse of office.
He will be the second judge to be investigated by the commission. Former High Court judge Samuel Oguk resigned last year, two weeks after being charged with corruption. The case did not go to trial.
Some of the suspended judges yesterday vowed to face the tribunals rather than resign; others returned to the chambers to remove their belongings.
High Court judge Mr Justice David Rimita said: "I don't know details of what I am accused of except the bit I learnt through the media but I want Kenyans to be patient, to wait, see and justice will be done."
He added: "Most judges are definitely innocent but history will judge Kenyans. I will not resign I will wait for the tribunal to try me.
"When people accuse you of corruption and they don't tell you what you have done exactly then that is very unfair and strange. And when I first saw the list in the media I thought they were mistakes made."
Appeal Court judge Mr Justice Philip Waki defended himself against corruption allegations and said: "They have not communicated to me officially, I have not received a single letter and when I get to receive one then I will respond appropriately."
He added: "If it means going to tribunal to prove my innocence then I will face the tribunal."
Mr Justice L. P. Ouna arrived at court at 10.30 am and walked to his chambers escorted by his wife, saying only, "No comment."
Mr Justice Richard Kwach also declined to comment.
Appeal judge A.B. Shah, who arrived at court at 8.50am escorted by his body guard carrying a large suitcase, broke down as he recalled his 11 years' service as a judge.
Mr Shah, who spent most of the morning packing, said: "I have served this country for 10 years with all my heart and put in 41 years as a lawyer and as a judge. If it becomes necessary, I will resign. It is sad to leave after all these years".
The judge said he had never taken a bribe in his career
Three of his daughters – Ms Auni Shah, Ms Pana Shah and Ms Hema Shah – arrived a short time later and carried another bag to their father's chamber, saying they were going to help him pack.
The suspension of the six Appeal judges has halted all 18 cases listed in the court for hearing this month.
Officials said the hearings list was released at the beginning of each month . . . and that it is usually difficult to get hearing dates within four months unless the case is urgent.
The cases which led to the suspensions of the six Appeal judges revolve around their handling of a wide range of cases, some involving hundreds of millions of shillings in compensation.
Sources told the Nation questions had been raised about Mr Justice Abdul Lakha's conduct in a civil appeal case between Manchester Outfitters Suiting Division and Galot Industries, on one side, and Standard Chartered Financial Services.
The receivership dispute went all the way to the Comesa court of Justice after the Appeal court ordered Standard Chartered to pay Manchester Outfitters, now called King Woollen Mills Ltd, Sh251 million.
Concerns were also voiced about Mr Lakha's conduct in a case between Kenya Breweries and businessman Njenga Karume, who is also the Kiambaa MP, in which Mr Karume took KBL to court seeking Sh240 million compensation for alleged breach of contract.
Mr Karume, trading as Kiambu General Transport Agency, was awarded the money by the High Court but lost on appeal that was before Mr Justice Lakha. Mr Karume was left with a huge legal bill for the costs of his original action in the High Court plus the costs of the Appeal.
Mr Justice Richard Kwach's problems are linked to a civil case which he handled in Nairobi, and a court battle between Multiple Hauliers (East African Limited) and John Ondungo Hagain and 67 others, both of which he handled.
In the second case, the transport firm was sued by villagers in Ugenya for compensation over deaths and injuries which occurred after one of its petroleum tankers exploded.
Accusations against Mr Justice Shah relate to his handling of a civil appeal between relatives over who should control a timber factory in Eldoret, and a case he handled between Mohammed Ghias Quresh and Paramount Bank and Lexington.
There were concerns about Mr Justice Moijo ole Keiwua conduct in a number of cases over which he presided, one of which was the battle between tycoons Nassir Ibrahim Ali and Kamlesh Pattni for Kenya Duty Free.
Mr Keiwua, then a High Court judge, listened to representation concerning the ownership of duty free shops located at the Jomo Kenyatta International Airport.
He also attracted the Ringera team's attention by his handling of a dispute between John Savage and others and P.J Products Ltd.
The questions over Lady Justice Effie Owour's conduct are linked to a case between Stephen Mutisya Titi and another verses Itumo Titi and the Attorney General. The other was between Sammy Musau Ndunda verses the Republic.
And last among the Appeal judges, concerns were raised over the manner in which Mr Justice Waki dealt with a criminal case involving the Akasha family.
Reporting by: STEPHEN MUIRURI, JILLO KADIDA, TONY KAGO and DAVID MUGONYI

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'Price list' for Kenya's judges
Pressure mounts for reform of Kenya's judicial system as a newspaper publishes a list of what it costs to bribe a judge.
The Daily Nation, citing a report to the chief justice earlier this week, says it costs up to 15m shillings ($190,800) to bribe an appeal judge.
A magistrate, however, can be bought with as little as 4,000 shillings ($50), the paper says.
The report said that half of Kenya's judges were corrupt.
Go 'quietly'
President Mwai Kibaki was elected last December partly on his pledges to end corruption in Kenya, which had prompted donors, including the International Monetary Fund, to end funding.

JUDGE'S PRICE LIST
Appeals court: $190,800
High court: $636 - $20,356
Magistrate: $50 - $1,908
Murder/ Armed robbery: $509 - $17,723
Manslaughter, rape, drugs: $255 - $6,360
Kenya's Chief Justice Evans Gicheru has responded to the report of an official investigation into judicial corruption by urging any judges who think they may be named to resign.
"Those who are corrupt know themselves. The option is theirs, they can get out quietly without causing ripples, but [for] those who want hard-tackling, we are prepared," he told journalists in Nairobi.
"We will wait for them to go, but for those remaining, I'll advise the president to set up a tribunal," he said, adding that "sooner or later the judiciary will be corruption-free."
Rising scale
Earlier this week, the Law Society of Kenya called for all corrupt judges to be sacked after part of the report by Justice Aaron Ringera was made public.
The BBC's Gray Phombeah in Nairobi says the report merely tells most Kenyans what they had long suspected to be case.
The judge's price-list and the names of the allegedly corrupt judges are contained in a second volume of the report which has not been published.
The Daily Nation quotes "sources familiar with the details of the report" for its figures.
It says that the cost of bribing a judge rising with their seniority and the severity of the case.
Corrupt magistrates will expect to take a cut of between 10 and 30% of any award they make in civil cases, such as injury or accident claims, the report says.

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