Justice Ojwang cleared by Tribunal
Supreme Court Justice Jackton B Ojwang has been declared innocent by the tribunal set up to investigate his conduct. The seven-member tribunal led by Justice Alnashir Visram said the evidence presented against Justice Ojwang did not meet the threshold to warrant his removal from office.
“After adducing and analyzing all the allegations made against the Honorable Justice, the unanimous verdict is that the Judge of the Supreme Court Justice Jackton Ojwang is innocent of all the allegations made against him and that he should resume his duties immediately,” Chairman of the Tribunal Justice Alnashir Visram said as his team presented their report to President Uhuru Kenyatta on Sunday.
The investigation into the conduct of Justice Ojwang was initiated in response to a request by the Judicial Service Commission (JSC) made on March 19 this year. The move by the JSC was triggered by a petition made by a Mr Nelson Oduor and eight others in which varied allegations of misconduct, incompetence and breach of the judicial code of conduct were made against the judge.
‘’The petition is the result of a process that was procedurally irregular, unfair, carried out in breach of the JSC’s constitutional and legal obligations and in breach of the Judge’s constitutional rights to fair administrative action and natural justice,’’ the 148-page report said.
Justice Ojwang mounted a spirited defense through MMC Africa Law’s Senior Partner Nani Mungai and Mr Daniel Musyoka.
‘’The Judge feels vindicated by the cogent, objective and truthful findings of the Tribunal. In truth, no evidence regarding the Judge’s discharge of duty has ever existed except that showing a high degree of professional competence; unqualified commitment to public duty; specialized knowledge in the field of law; and commitment to the dictates of justice resting upon evidence, pragmatism and rationality,’’ said Nani Mungai, the Defense lead counsel.
During the probe, the Justice Visram-led tribunal sieved through evidence presented by 25 witnesses and considered the applicable legal principles before arriving at the conclusion that the judge was innocent.
‘’Justice Ojwang will continue to discharge his duties in a way that upholds the integrity, impartiality and independence of the judiciary as he has always done. The Judge is very happy with the outcome of the Tribunal and thanks his defense team, his family and friends for their support,’’ added Mr Mungai.