Justice Ojwang tribunal innocent
Supreme Court Justice Jackton Ojwang (left) with his defense team Mr Daniel Musyoka and MMC Africa Law Senior Partner Nani Mungai listen through as the Tribunal made public its report.

Supreme Court Justice Jackton Ojwang is delighted after being declared innocent by a tribunal that had been set up to investigate his conduct, the lead counsel of his defense team revealed.

Following a decision by a seven-member tribunal that cleared the apex court judge of any wrongdoing, Justice Ojwang’s chief lawyer in the matter Nani Mungai said, “The Judge is very happy with the outcome of the Tribunal and thanks his defense team, his family and friends for their support.”

Mungai, a senior partner in MMA Africa who was head of Justice Ojwang’s defense team alongside Daniel Musyoka, added that the apex court judge would continue to discharge his duties in a way that upholds the integrity, impartiality and independence of the judiciary.

“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,” Mungai said.

Led by Justice Alnashir Visram, the tribunal that ruled in favour of Justice Ojwang said the evidence presented against the Supreme Court judge questioning his conduct while on the bench was insufficient to warrant his removal from office.

While presenting the tribunal’s report to President Uhuru Kenyatta on August 4, Justice Visram said, “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.”

Other members of the tribunal included Justice (Rtd.) Festus Azangalala, lawyer Ambrose Weda, Andrew Bahati Mwamuye, Senior Counsel Lucy Kambuni, Sylvia Wanjiku Muchiri and Amina Abdalla.

Investigation into the conduct of Justice Ojwang was initiated in response to a request by the Judicial Service Commission (JSC) made in March.

JSC’s request had been triggered by a pettion by a Mr Nelson Oduor and eight others which alleged various accusations of misconduct, incompetence and breach of the judicial code of conduct against the Supreme Court 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 read in part.

Justice Ojwang had been accused of among others being bribed so as to deliver favourable rulings and being partial as against a judge’s code.

According to the constitution, Justice Ojwang remained suspended during the course of the investigation.

During the probe, the Justice Visram-led tribunal had sieved through evidence presented by 25 witnesses.

It also considered the applicable legal principles before arriving at its conclusion.


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