In a Special Gazette notice dated March 29, 2019 President Uhuru Kenyatta has said Justice Ojwang had been suspended with immediate effect pending conclusion of the probe.
Justice Ojwang had been summoned to appear before a JSC Committee but he refused and instead sent his lawyer Nani Mungai to represent him.
“In the meantime, Jackton Boma Ojwang, Judge of the Supreme Court of Kenya stands suspended from exercising the functions of hisoffice with immediate effect according to Article 168 (5) of the Constitution,” read part of the notice.
This comes after the Judicial Service Commission (JSC) wrote to President Kenyatta recommending the formation of a tribunal to investigate Justice Ojwang following a petition filed by one Nelson Oduor Onyango and eight others.
In its decision to recommend formation of a tribunal, JSC said: “The commission found that the petition disclosed sufficient ground to warrant a recommendation to the President to set up a tribunal for the removal of Justice Ojwang and accordingly adopted it.”
The petitioners cited grounds of misconduct, impropriety, conflict of interest and breach of judicial code of conduct for the removal of Ojwang.
The tribunal will be chaired by Court of Appeal judge Alnashir Visram with the members including; retired judge Festus Azangalala, Ambrose Weda, Andrew Bahati Mwamuye, Lucy Kambuni, Sylvia Wanjiku Muchiri and Amina Abda.
“In the discharge of its functions, the Tribunal shall prepare and submit a report and its recommendations thereon to me expeditiously,” said Kenyatta.
In the petition, Justice Ojwang is alleged to have benefited from the construction of a road leading to his rural house in Migori County, after issuing a favourable ruling in a Sony Sugar belt case that Governor Okoth Obado supposedly had interests in.
The Migori Governor has since dismissed the claims.