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The Judicial Service Commission (JSC) could recommend the removal of Supreme Court Judge Justice Jackton Ojwang after he failed to appear before the commission.
In the first complaint, he is accused of authoring a judgment with respect to the Sony Sugar belt and in return, he was rewarded by Migori County Governor Okoth Obado, who built a road to his private residence on the outskirts of Migori town.
The process to remove a judge from office is long and it might take upto a year, however, the JSC can recommend to the President to form a tribunal to investigate and if found guilty the judge will be removed.
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The JSC sends the petition to the President, who within two weeks, suspends the judge and appoints a tribunal to investigate him or her.
Beefing with JSC
Justice Ojwang, in the second matter, alongside justices Mohamed Ibrahim and Njoki Ndung’u are accused of writing a judgment despite a pending disciplinary matter.
A commissioner who was not named was quoted by the daily stating: “Instead of appearing to clear his name he refers to us as service providers of unschooled people.”
Reports also indicated that Justice Ojwang, who has been at loggerheads with JSC commissioners, accused them of acting with malice against him.
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He said that he has constitutional immunity and that the commission has no mandate to investigate the issue.
Plotting
In a letter to the JSC, Justice Ojwang stated: “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 be appearing before the well-known committee members of the Judicial Service Commission.”
Instead, he wants his lawyers to take care of the matter, a position the JSC has declined.
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Justice Ojwang disparages the petitions, arguing that the decision he has made offers him immunity.
In his letter, the judge accused the commission of arranging with senior police officers and surveyors to travel to his residence near Migori town “to take photographs of the road network, showing major and the minor roads.”