President Uhuru Kenyatta has until Wednesday midnight to suspend Supreme Court Judge Jackton Ojwang' and subsequently appoint a tribunal to investigate alleged gross misconduct and conflict of interests allegations facing him.
A fortnight ago, Judicial Service Commission under the stewardship of Chief Justice David Maraga, recommend the removal of Justice Ojwang' after being found culpable of gross misconduct in a petition filed by a section of Migori residents.
In the statement read by JSC chairperson David Maraga, the commission said it had deliberated and found that the petition filed against the Judge “had disclosed sufficient ground to warrant a recommendation to the President to set up a tribunal” for the removal of the judge.
And as such, the president strictly has 14 days to suspend the embattled judge and subsequently appoint a tribunal which shall investigate the allegations within a short period of time and make further recommendations.
In a letter to JSC, Ojwang', who had snubbed the summons, dismissed claims that he conspired with the current Migori Governor Okoth Obado to make a favorable ruling over Sony Sugar belt case in which the latter was accused of financial impropriety.
“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 myself be appearing before the well-known committee members of the Judicial Service Commission,” Justice Ojwang wrote in a letter to JSC on March 15.
The Tribunal shall consist of a chairperson and three other members, who are qualified to be appointed as judges, an advocate of 15 years standing and two other persons with experience in public affairs.
A judge suspended from office will receive half salary until their removal or reinstatement as per Article 168(6) of the constitution.
The petitioners accused Ojwang'of ruling in favour of Obado and in return having a feeder road leading to his home done. The county government of Migori has since dismissed the claims as 'witch-hunt'.
Should he be found guilty by the tribunal that will be constituted by Wednesday, Ojwang' will be sacked by JSC. Former Deputy Chief Justice Nancy Barasa was suspended over gross misconduct, few months after taking office.