Embattled Supreme Court judge Jackton Ojwang’ has the painful option of resigning from the Bench or take the risky gamble of facing his accusers to vindicate his integrity.
Justice Ojwang, who was suspended by President Uhuru Kenyatta on Tuesday, may choose to throw in the towel by taking early retirement to forestall interrogation into his conduct by the seven-member tribunal chaired by Appellate judge Alnashir Visram.
Judges retire at 70 years and Justice Ojwang’s early exit may be a blessing in disguise since he would take home his retirement package without enduring the emotional burden of being interrogated about his alleged gross misconduct, impropriety, conflict of interest and breach of the judicial code of conduct. Under the law, judicial tribunals are only mandated to probe sitting Judges.
Previous judges who ended up taking this option included justices Richard Otieno Kwach, Emmanuel O’Kubasu, Philip Tunoi and Samuel Oguk.
Former Deputy Chief Justice Nancy Baraza, the first DCJ after the promulgation of the 2010 Constitution, served only seven months before being suspended for misconduct after being accused of assaulting a security guard at the Village Market.
Alternatively, Justice Ojwang’ can decide to take the bull by the horns by patiently waiting for the hearing of allegations by Migori resident Nelson Oduor and eight others, who have accused the judge of enjoying a close relationship with Migori Governor Okoth Obado. The aggrieved men claim Justice Ojwang’ was driven by personal interests when handling a petition in the Supreme Court involving them and Awendo County Council.
In an interesting turn of events, Justice Ojwang’ snubbed summons by the Judicial Service Commission (JSC) to answer to the allegations by Oduor and his associates.
On March 20, Chief Justice David Maraga explained that the commission had considered the petition against the Judge had ‘disclosed sufficient grounds to warrant recommendation to the President to set up a tribunal for the removal of Justice Ojwang and accordingly adopted it.”
The tribunal is yet to be formally constituted and it’s secretariat provided with office space to facilitate the recording of statements from potential witnesses. Justice Ojwang’ will be at liberty to have legal representation, record a rebuttal statement and cross-examine the witnesses.
Should Ojwang’ take this long winding journey, he should be prepared to either win or lose the case and be sent home empty-handed, without terminal dues for all the years he has worked for the Judiciary
At the end of its proceedings, the tribunal is expected to prepare and submit a report and its recommendations to President Uhuru. A favourable report would guarantee Justice Ojwang’ his post at the Supreme Court but adverse findings will show him the door.
The team appointed by the Head of State is composed of sober, astute and experienced legal minds.