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Tribunal clears Justice Ojwang over insufficient evidence

Justice J.B. Ojwang of the Supreme Court./CFM – FILE

NAIROBI, Kenya Aug 4 — A tribunal set up to investigate the conduct of Supreme Court Judge Jackton Boma Ojwang has cleared him, citing insufficient evidence to warrant his removal.

In its findings, presented to President Uhuru Kenyatta on Sunday evening, the tribunal states that the evidence presented against Justice Ojwang’ did not meet the threshold to warrant his removal from the bench and declared the judge innocent of all the four allegations leveled against him.

“After adducing and analysing all the allegations made against the Honorable Justice, the unanimous verdict is that the Judge of the Supreme Court Justice Jackton Ojwang is innocent of all the allegations made against him and that he should resume his duties immediately,” Chairman of the Tribunal Justice Alnashir Visram said as his team presented their report to the President.

The investigation into the conduct of Justice Ojwang was initiated in response to a request by the Judicial Service Commission (JSC) made on March 19th this year.

The move by the JSC was triggered by a petition made by a Mr Nelson Oduor and eight others in which varied allegations of misconduct, incompetence, and breach of the judicial code of conduct were made against the judge.

In the course of their investigation, the Justice Visram tribunal said it sieved through evidence presented by 25 witnesses and considered the applicable legal principles before arriving at the conclusion that Justice Ojwang is innocent.

“Your Excellency, our unanimous recommendation, therefore is that Hon. Mr Justice (Prof) Jackton B. Ojwang, ought not to be removed from office and the current suspension should be lifted,” the tribunal noted in its report to the President.

President Kenyatta thanked the tribunal for executing its mandate judiciously saying, “you have done very well in promoting human justice”.

Other members of the tribunal present during the presentation of the report were Lucy Kambuni, Justice (Rtd) Festus Azangalala, Ambrose Weda, Andrew Bahati Mwamuye, Sylvia Muchiri, and Amina Abdalla.

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Also present were Paul Nyamodi (lead counsel) and joint secretaries Peter Kariuki and Josiah Musili.

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