In its report, the tribunal stated that the evidence presented against Justice Ojwang' didn't meet the threshold to warrant his removal from the bench and declared the judge innocent of all the four allegations levelled against him.
“You have done very well in promoting human justice,” Uhuru appreciated while speaking to the tribunal at State House.
The investigation into the conduct of Justice Ojwang was initiated in response to a request by the Judicial Service Commission (JSC) made on March 19, 2019.
The move by the JSC was triggered by a petition made by one 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.
“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, declared.
In the course of their investigation, the Justice Visram tribunal sieved through evidence presented by 25 witnesses and considered the applicable legal principles before arriving at the conclusion that Justice Ojwang was innocent.
“Your Excellency, our unanimous recommendation, therefore is that Hon. Mr Justice (Professor) Jackton B. Ojwang, ought not to be removed from office and the current suspension should be lifted,” the tribunal noted in its report.
While recommending for his probe, JSC stated that despite being conflicted and being closely associated with Migori Governor, Okoth Obado, Justice Ojwang’ sat in the bench that heard a case involving the governor.
He, however, defended himself saying he was not part of the bench that determined the main grievance which related to interests in the Sony Sugar-belt area.
The second matter revolved around the grading of a road in Kakrao, Migori County, but it later emerged that it was a public road and was not done in favour of the Judge.
The complaint was that Justice Ojwang’ authored a judgment regarding the Sony Sugar belt and in return was rewarded by Mr Obado, who allegedly refurbished the road to the judge’s private home on the outskirts of Migori town.
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