Supreme Court Judge Smokin Wanjala fights back over his removal

Supreme Court Judge Smokin Wanjala has come out to defend his job. The judge has asked his employer to disregard a petition calling for his removal.

Wanjala said complaints of gross misconduct against him require further investigations by the Director of the Criminal Investigations.

Supreme Court Judge Smokin Wanjala (left) and former Chief Justice Willie Mutunga

The judge and three of his colleagues are said to have been compromised to rule in favour of the Wajir governor in an election petition against him.

Wanjala, through law firm Kaplan & Straton, says allegations of bribery against him are founded on hearsay.

The law firm says the petition should be dismissed because it does not warrant a recommendation for the establishment of a tribunal for removal of the judge.

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“The petitioner and lawyer Omwanza Ombati will have redress in the event they believe that there is any wrongdoing on the part of the judge,” Kaplan & Straton said.

The two have civil and political rights to lodge complaints with legally mandated investigative agencies like the EACC and DCI or a multi-agency team for thorough probe.

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“Justice Wanjala is equally eager to have the allegations against him investigated and to have his reputation cleared. He shall seek to cooperate with the organs investigating to ensure speedy and effective investigations,” the response by the judge to JSC read. 

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According to the judge, the complaint is malicious because of its timing given that the ruling on the Wajir governor election was mid last month.

“JSC will not require two hands and a flashlight to discern that the timing, substance, and intentions of the petitions herein are all in bad faith and the august JSC is the vehicle through which these impugned ends are to be achieved,” he said. 

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And in the event the JSC is keen to have him respond to the allegations, it will be necessary for it to ask Ombati to furnish more particulars, he said.

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