Veteran Supreme Court Judge Jackton Ojwang' still has two options left following the decision by President Uhuru Kenyatta to constitute a tribunal to investigate his alleged misconduct.
In a gazette notice, President Kenyatta appointed Court of Appeal Judge Alnashir Visram as the chairperson of the tribunal. The members of the tribunal include Justice (Rtd.) Festus Azangalala, lawyer Ambrose Weda, Andrew Bahati Mwamuye, Senior Counsel Lucy Kambuni, Sylvia Wanjiku Muchiri and Amina Abdalla.
And Law Society of Kenya South Nyanza chair Wilkins Ochoki says the veteran judge can decide to face the tribunal and wait for his fate which can go either way or resign and get his benefits. He cannot however, retire from the bench.
"He had an opportunity to retire before JSC made that decision. But for now, he can face the tribunal and wait for the outcome which can go either way. Alternatively, he can resign from the bench and get his benefits," he said in a phone interview.
Should he resign, he will join his former colleague Philip Tunoi who faced similar bribery claims but opted not to face the tribunal. And should he wait to be tried, he could be vindicated or convicted.
Judicial Service Commission recommended formation of the tribunal when it ruled that the petition challenging his removal was valid. He did not appear before his employers to defend himself.
The 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."