President Kenyatta forms tribunal to probe Justice Ojwang

President Uhuru Kenyatta has formed a tribunal to probe the conduct of Justice Jackton Boma Ojwang, Judge of the Supreme Court of Kenya.

With the formation of the tribunal, the Judge stands suspended from exercising the functions of his office according to Article 168 (5) of the Constitution.

The announcement was made through a special issue of the Kenya Gazette dated 29th March 2019.

The tribunal will be headed by Court of Appeal Judge Justice Alnashir Visram as Chairperson and will have six other members.

The six members of the tribunal are Justice (Rtd.) Festus Azangalala, Ambrose Weda, Andrew Bahati Mwamuye, Lucy Kambuni, Sylvia Wanjiku Muchiri and Amina Abdallah.

The tribunal will “investigate the conduct of Jackton Boma Ojwang, Judge of the Supreme Court of Kenya on the basis of Articles 168 (1) (e), 73 (1) (a) and 75 (1) and (2) of the Constitution and Judicial Service Code of Conduct and Ethics (Legal Notice No. 50 of 2003) and other relevant laws and matters including but not limited to — The allegations contained in the petition by the Judicial Service Commission of Kenya filed by Nelson Oduor Onyango and eight (8) others presented to me regarding the conduct of Jackton Boma Ojwang, Judge of the Supreme Court of Kenya.”

In the Gazette notice, the President mandated the tribunal to prepare and submit a report and its recommendation to him expeditiously.

Paul Nyamodi has been appointed as the Lead Assisting Counsel and Stella Munyi as Assisting Counsel to assist the Tribunal. Peter Kariuki and Josiah Musili will serve as Joint Secretaries to the Tribunal.

The Judicial Service Commission recommended the formation of the tribunal by President Uhuru Kenyatta to investigate the judge’s conduct.

Chief Justice David Maraga said the Commission reached the decision after receiving strong evidence implicating the Judge in gross misconduct, abuse of office and corruption in a case involving Migori Governor Okoth Obado.

In the petition filed by nine petitioners, Justice Ojwang’ is accused of misconduct, impropriety, conflict of interest and breach of the judicial code of conduct.

The judge is accused of manipulating judgment to favour Sony Sugar company and in return was rewarded by Migori Governor Okoth Obado who built a road to his private residence on the outskirts of Migori town.

Also read: Migori County Govt defends Supreme Court Judge Ojwang

A judge may be removed from office for, among other reasons, gross misconduct or misbehaviour, bankruptcy or incompetence and inability to perform the functions of the office.




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