A Supreme Court Judge, Justice Jackton Ojwang has declines to appear before the Judicial Service Commisssion (JSC) to answer bribery allegations labelled against him.
The judge, who faces two charges, has been under pressure by JSC to appear before the commission in person.
In the first accusation, he is alleged of authoring a ruling in favor of Migori County Governor Okoth Obado in the case involving Sony Sugar belt. In return, the governor is said to have built a road to his private residence in Migori.
In the second matter raised by former Law Society of Kenya CEO Apollo Mboya, Justice Ojwang alongside justices Mohamed Ibrahim, Njoki Ndungu are accused of writing a judgment despite having a pending disciplinary case.
Reason for Refusal
According to a source in the commission who intimated to one daily publication, Justice Ojwang has declined to appear before JSC claiming he has a constitutional immunity and that JSC has no mandate to investigate the matter.
Further, the source revealed that Justice Ojwang in one instance referred to the commissioners as ‘service providers of unschooled people.’
Following his reluctance to appear before the commission, the local daily reported that a team that has been investigating the judge intends to recommend to President Uhuru Kenyatta to form a tribunal to investigate his conduct. Consequently, oust him.
In March, Justice Ojwang accused the commission 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,” he said.
He insists that his lawyers should to represent him in the matters before JSC.
The commission has since declined his lawyers request dated March 14 to appear for him.
The report comes days after JSC received a petition seeking the removal of four Supreme Court judges alleged to have violated the Constitution during the Wajir gubernatorial petition.
A statement from the JSC said the petition implicates Justices Mohammed Ibrahim, Jackton Ojwang, Smokin Wanjala and Njoki Ndung’u.
The Supreme Court judges are also accused of gross misconduct as well as breach of the Judicial Code of Conduct and Ethics and Oath of Office.