Nobody is above the law in Kenya. This is clearly outlined in the constitution of Kenya. But one of the senior most judges is acting above what he prescribes to other wrong doers.
Supreme Court Justice Jackton Ojwang has declined to appear before the Judicial Service Commission (JSC) to respond to various allegations against him including being bribed to deliver favourable rulings and being a partial arbitrator .
Sources in the commission said a team that has been investigating his conduct intends to recommend to President Uhuru Kenyatta to form a tribunal to investigate his conduct, setting in motion the process of removing him from office.
The judge faces two charges and the JSC insists that he appear in person before it as the matters are only within his knowledge.
In the first complaint, he is accused of authoring a judgment with respect to the Sony Sugar belt and in return he was rewarded by Migori County Governor Okoth Obado, who built a road to his private residence on the outskirts of Migori town.
Before becoming governor, Mr Obado served as chairman of the Kenya Sugar Board.
In the second matter, which was raised by former Law Society of Kenya CEO Apollo Mboya, Justice Ojwang alongside justices Mohamed Ibrahim and Njoki Ndung’u are accused of writing a judgment despite a pending disciplinary matter.
In his response to the JSC, Justice Ojwang says he has constitutional immunity and that the commission has no mandate to investigate the issue, a position that the commissioners said left them with no alternative but to recommend the setting up of a tribunal to investigate his conduct.
“Instead of appearing to clear his name he refers to us as service providers of unschooled people,” said a commissioner, who requested not to be named.
Justice Ojwang, who has been at loggerheads with JSC commissioners, accuses them 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,” Justice Ojwang wrote on March 15.