WARSAME: But I’m saying a decision of misconduct was found against you
OJWANG: If you know it then why are you putting it to me?
WARSAME: Just confirm please… and that misconduct is in your file.
OJWANG: I don’t keep the files and if you keep such things in it, that is your choice.
WARSAME: You have not challenged that decision?
OJWANG: This question I’ve answered it earlier… please, give me a break
WARSAME: You said you are a judge who ensures that matters filed before you, you give the advocates, the parties and everybody an opportunity to canvas their case…
OJWANG: I’m waiting for your question.
WARSAME: I want you to confirm that first.
OJWANG: I’m here to answer questions.
“Just a minute Commissioner, are you passing judgment over my judgment as a court?” Ojwang later posed to Warsame when he moved on to the question of whether the Supreme Court judge acted properly when sitting as a single judge, he dismissed Ferdinand Waititu’s bid to have the apex court review its decision endorsing Evans Kidero’s win as Nairobi Governor in light of allegations that his peer on the bench, Philip Tunoi, took a Sh200 million bribe from the Governor to deliver a ruling favourable to him.
WARSAME: You know you are a three star general, I am a two star general… You sit in the apex court, you’re very powerful but I want to show you…
OJWANG: Where I was wrong as a judge?
WARSAME: No… no… no…. I want to show you what is the role of a judge.
OJWANG: So you know the role of a judge better than I do? Madame Chair I need protection from this particular Commissioner because he’s involved in acts of provocation and also he’s asking questions which are not meritorious.
WARSAME: No… no… no… Let me ask my questions. I’m not the one seeking the job, these are legitimate questions I must ask.
Earlier, Commissioner Mercy Deche had sought to know whether Ojwang considered himself an ‘angry judge’, a label he denied explaining that he simply didn’t have time for, “jokes.”