The prosecution of Philomena Mwilu has surely raised a lot of confusion and issues for the judiciary finding it constitutionally hard to prosecute a deputy Chief Justice.
JSC commissioner Tom Ojienda is currently is currently placing authority bodies under the same dilemma
A court has restrained the anti-graft commission from arresting a commissioner of the Judicial Service Commission over the misuse of government vehicle assigned to him pending the hearing of his application.
“A conservatory order do issue prohibiting EACC from arresting me with respect to use of official government vehicle assigned to him and driven by Kennedy Onyango pending the hearing and determination of the case,” said Ojienda.
Ojienda says he is a member of the Judicial Service Commission (JSC), which is an independent constitutional commission and the EACC have no powers to summon him because there are set down mechanism on how judicial staff should be disciplined.
“There is clear procedure to be followed in cases where there is disciplinary issues against the staff assigned to a member of the JSC,” said lawyer Ojienda.
High Court Judge Mwita Chacha issued the orders restraining Ethics and Anti-Corruption Commission from commencing any criminal proceedings against Tom Ojienda pending the hearing and determination of the petition.
Ojienda has moved to court seeking to stay the summons by the Ethics and Anti-Corruption Commission (EACC) pending the hearing of the petition.
He denies driving the vehicle assigned to him and says it is being driven by his driver and if there is any issue raised, clear procedures should be followed.
Under the certificate of urgency, Ojienda wants the court to restrain the EACC from commencing any criminal processes with respect to the use of the official government vehicle assigned to him.
Do you agree that Ojienda should be immune to EACC summons?