Former CJ Mutunga is Frustrating the Supreme Court - Justice Ojwang' Reveals

Supreme Court Judge Jackton Ojwang' has hit out at former Chief Justice Willy Mutunga accusing him of frustrating the Supreme Court.

Justice Ojwang' has accused the former CJ of apparently working in cahoots with lawyer Apollo Mboya who has filed a suit against Ojwang' and two others.

In a case filed by Justice Ojwang's lawyer, Daniel Musyoka, the judge has challenged a sworn affidavit by Dr Mutunga which indicated that Ojwang' had failed to appear at a sitting convened by the Supreme Court President.

Justice Ojwang along with Justices Smokin Wanjala and Justice Njoki Ndung'u are accused of absconding duty when they downed their tools in solidarity with Former DCJ Kalpana Rawal and Justice Philip Tunoi.

[caption caption="File image of former CJ Willy Mutunga with Justices Mohamed Ibrahim and Smokin Wanjala"][/caption]

To support his claim, Justice Ojwang' has alleged that the former CJ shared a confidential letter written by the Supreme Court bench to the Judicial Service Commission (JSC).

He claims that former LSK president Apollo Mboya was given access to private correspondence from the Judges to the JSC in which the commission was advised that it did not have the mandate to decide on the matter of retirement age for the Supreme Court judges.

"It is disconcerting to note that he (former CJ Mutunga) would conveniently wish to dissociate himself with discussions which he was part of.

"At the very least having played a dual role as the Chair of the Judicial Service Commission and a judge and the President of the Supreme Court, wisdom would have demanded that he keeps off the dispute if for nothing else, to maintain a semblance of impartiality. To my dismay, my hitherto belief that he could have been impartial has now been debunked," the Judge's statement read in part.

Presenting the matter in court, the judge's lawyer further demonstrated that Mboya's suit should be thrown out as the JSC had already found no wrong-doing on their part.

"The JSC has already made a determination that there was no gross misconduct on the part of Justice Ojwang’ and the court cannot come to a conclusion that there was gross misconduct as no such power in the Constitution exists," the judge stated.

[caption caption="Justice Jackton Ojwang'"][/caption]