CJ Maraga Writes to Uhuru Over Expulsion of Supreme Court Judge

Chief Justice David Maraga has written to President Uhuru Kenyatta, recommending the formation of a tribunal to determine whether Justice Jackton Ojwang' will be expelled from the Supreme Court. 

Speaking to the media on Tuesday, the CJ stated that the concerns raised by the petition to remove Justice Ojwang' were grave enough to warrant investigations by a tribunal. 

"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 Hon Justice Prof Jackton B. Ojwang' and accordingly adopted," Maraga told journalists. 

Maraga also regretted that the judge had ignored summons by the Judicial Service Commission to defend himself in light of the allegations against him.

"Regrettably the judge, despite notice being served upon him, refused to attend the hearing," the CJ noted. 

Justice Ojwang was accused of conspiring with Migori Governor Okoth Obado to build a road to the judge's private residence in the outskirts of Migori town, in exchange for a favourable ruling in a case.

Article 168 of the constitution requires President Kenyatta to suspend the Judge from office. 

The Head of State will then be expected to appoint a tribunal consisting of a chairperson and three other members from among persons who hold or have held office as a judge of a superior court, or who are qualified to be appointed as such but who, in either case, have not been members of the Judicial Service Commission at any time within the immediately preceding three years. 

The tribunal will also have one advocate with 15 years experience and two other persons with experience in public affairs.

A judge who is aggrieved by a decision of the tribunal may appeal against the decision to the Supreme Court, within 10 days after the tribunal makes its recommendations.

Upon the lapse of the 10 days, the recommendations of the tribunal to expel or reinstate the judge will be adopted.