Supreme Court Judge Jackton Ojwang' will be the fourth judge under the new constitution who could be removed over gross misconduct, reports the Standard.
On Wednesday, Judicial Service Commission under the stewardship of Chief Justice David Maraga, recommended removal of the career judge and law professor after being found culpable of misconduct.
In their statement, the JSC accused the judge of failing to defend himself over bribery allegations filed by Migori residents, accusing him of benefiting from favours from Governor Okoth Obado. President Uhuru Kenyatta has 14 days to form a tribunal that will seal his fate.
"Regrettably, the Hon Judge, despite notice being served upon him refused to attend the hearing. Upon presentation of the report by the Committee, the full Commission deliberated on the same at great length and found that the petition had disclosed sufficient ground to warrant a recommendation to the President to set up a Tribunal for the removal of the Hon Justice Prof Jackton B. Ojwang and accordingly adopted it. The CJ will in the course of the day send the petition to the President," reads the statement by the Commission.
But Ojwang' will be the fourth to face the tribunal in as many years. Former Deputy Chief Justice Nancy Barasa, the first woman to hold such a position, was successfully tried by the tribunal and subsequently discharged from her duties.
Supreme Court Judge Philip Tunoi, was also subjected to a similar tribunal in 2015 for allegedly receiving Sh200 million from former Nairobi Governor Evans Kidero. He however resigned before he could face the tribunal formed by President Uhuru Kenyatta.
High Court Judge James Mutava has probably had the longest duel with JSC. Accused of conspiring to acquitt Goldernberg architect Kamlesh Puttini, Mutava was found guilty by both JSC and the tribal. His fate was recently sealed by the Supreme Court after an unsuccessful appeal.