Supreme Court Justice Jackton Ojwang known for uppity has refused to appear before the Judicial Service Commission (JSC) to respond to allegations against him including being bribed to deliver favorable rulings.
Ojwang is also accused of and being a partial arbitrator.
In the first complaint, he is accused of authoring a judgment with respect to the Sony Sugar belt and in return he was rewarded by Migori County Governor Okoth Obado, who built a road to his private residence on the outskirts of Migori town.
Before becoming governor, Mr Obado served as chairman of the Kenya Sugar Board.
In the second matter, former Law Society of Kenya CEO Apollo Mboya accuses 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.
“Instead of appearing to clear his name he refers to us as service providers of unschooled people,” said a commissioner, who requested not to be named.
Ojwang, who has been at loggerheads with JSC commissioners, accuses them of acting with malice against him. “From the whole context of this matter and from the full context of the ill-intent against me such as is quite evident, I will not be appearing before the well known committee members of the Judicial Service Commission,” Justice Ojwang wrote on March 15.
In a hard-hitting letter showing the judge’s low opinion of the JSC commissioners, Justice Ojwang disparages the petitions, arguing that the decision he has made offers him immunity.
“very strangely, however, those same vested interests, now acting through coached, perjured witnesses, came before the Judicial Service Commission averring that the said Justice J.B. Ojwang remains a bad man, since then Migori County Governor, his friend, has constructed a private and personal tarmac (or murram?) road to serve his countryside home exclusively …”
In his letter, the judge accuses the commission of arranging with senior police officers and surveyors to travel to his residence near Migori town “to take photographs of the road network, showing major and the minor roads.”
He requests that those photographs be supplied to his advocates.
Ojwang who is married to Education PS Colleta Suda is building a mall in Migori that is allegedly worth sh1billion even as he continues to be on the spot for bribery.
Last week, Nairobi lawyer Ahmednasir Abdullahi filed a petition at the Judicial Service Commission (JSC) seeking the removal of four Supreme Court Judges over bribery allegations in the Wajir gubernatorial petition.
The four Supreme Court Judges named in the petition are Mohamed K. Ibrahim, Jackton B. Ojwang, Smokin C. Wanjala and Njoki S. Ndung’u.
The lawyer is accusing the four judges of gross misconduct following their decision to uphold the election of Wajir Governor Mohamed Abdi.
The four were allegedly bribed with Sh75million.
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