The Judicial Service Commission (JSC) has
resolved to ask President Uhuru Kenyatta to form a tribunal to
investigate the conduct of Supreme Court Judge Jackton Ojwang.
resolved to ask President Uhuru Kenyatta to form a tribunal to
investigate the conduct of Supreme Court Judge Jackton Ojwang.
This follows allegations of close associations with Migori County and its governor.
One
complaint against the judge is that he authored a judgment with respect
to the Sony Sugar belt and in return was rewarded by Governor Obado,
who allegedly built a road to his private residence on the outskirts of
Migori town.
complaint against the judge is that he authored a judgment with respect
to the Sony Sugar belt and in return was rewarded by Governor Obado,
who allegedly built a road to his private residence on the outskirts of
Migori town.
There are also allegations including being bribed to deliver favourable rulings and being a partial arbitrator.
TRIBUNAL WARRANTED
The
JSC said on Wednesday that the accusations against Justice Ojwang
formed reasonable grounds to warrant the formation of the tribunal.
JSC said on Wednesday that the accusations against Justice Ojwang
formed reasonable grounds to warrant the formation of the tribunal.
It singled out miscellaneous application No.49
of 2014, of the town council of Awendo versus Mr Nelson Oduor Onyango
and eight other residents of Migori.
of 2014, of the town council of Awendo versus Mr Nelson Oduor Onyango
and eight other residents of Migori.
“The
petition detailed instances which the petitioners believed constituted
grounds of misconduct, impropriety, conflict of interest and breach of
the judicial code of conduct on the part of the judge,” the JSC said in a
statement.
petition detailed instances which the petitioners believed constituted
grounds of misconduct, impropriety, conflict of interest and breach of
the judicial code of conduct on the part of the judge,” the JSC said in a
statement.
It noted that Justice Ojwang sat with other
judges of the Supreme Court in hearing the matter “…despite being
conflicted and closely associated with Migori County and Governor Okoth
Obado”.
judges of the Supreme Court in hearing the matter “…despite being
conflicted and closely associated with Migori County and Governor Okoth
Obado”.
The JSC said “the commission found that the
petition disclosed sufficient ground to warrant a recommendation to the
President to set up a tribunal for the removal of Justice Ojwang and
accordingly adopted it”.
petition disclosed sufficient ground to warrant a recommendation to the
President to set up a tribunal for the removal of Justice Ojwang and
accordingly adopted it”.
NO-SHOW
Members,
led by Chief Justice David Maraga, regretted that the judge refused to
appear before the committee appointed to probe the matter despite being
served with a notice.
led by Chief Justice David Maraga, regretted that the judge refused to
appear before the committee appointed to probe the matter despite being
served with a notice.
The judge faced two charges and the JSC insists that he appear in person before it as the matters are only within his knowledge.
In
the second matter, which was raised by former Law Society of Kenya CEO
Apollo Mboya, Justice Ojwang alongside justices Mohamed Ibrahim and
Njoki Ndung’u are accused of writing a judgment despite a pending
disciplinary matter.
the second matter, which was raised by former Law Society of Kenya CEO
Apollo Mboya, Justice Ojwang alongside justices Mohamed Ibrahim and
Njoki Ndung’u are accused of writing a judgment despite a pending
disciplinary matter.
In his response
to the JSC, Justice Ojwang says he has constitutional immunity and that
the commission has no mandate to investigate the issue, a position that
the commissioners said left them with no alternative but to recommend
the setting up of a tribunal to investigate his conduct.
to the JSC, Justice Ojwang says he has constitutional immunity and that
the commission has no mandate to investigate the issue, a position that
the commissioners said left them with no alternative but to recommend
the setting up of a tribunal to investigate his conduct.