Supreme Court judge Jackton Ojwang clashes with JSC over his conduct

Justice Jackton Ojwang at Supreme Court in Nairobi where he was vetted for the position of Chief Justice on 15-09-16 [PHOTO:MOSES OMUSULA/Standard]

There was heated exchange between superior court Judges Jackton Ojwang and Mohammed Warsame yesterday during the last day of vetting for the position of Chief Justice. A rift between Ojwang and the Judicial Service Commission escalated over his conduct in discharging his duties.

The interview session at one point degenerated into a heated argument between Ojwang and Warsame, leading the latter to seek protection from the commission acting-chairperson Prof Margaret Kobia.

The judge was put to task over perceptions that he is a puppet of Parliament, his anger and the manner in which he dismissed a petition by Kabete MP Ferdinand Waititu against Nairobi Governor Evans Kidero.

Prof Ojwang, however, outlined his vision saying he is the right person to replace Dr Willy Mutunga as Chief Justice given his many years of experience as a law scholar and judge of both the High Court and Supreme Court.

Justice Mohammed Warsame: You wrote a letter to JSC threatening to withdraw your services after which a petition was filed against you and found guilty of misconduct. Why did you say the JSC have no supervisory powers over judges?

Give me a break

Justice Ojwang: We wrote the letter because JSC was taking away our quorum as Supreme Court, and that was the right thing to do. But the matter is in court, so you need to give me a break.

Justice Warsame: Why did you dismiss Mr Waititu's petition as a single judge when he came to seek for a review of his case against Dr Kidero?

Justice Ojwang: He was raising illegitimate question and unfounded allegations which I will dismiss again. You cannot pass judgments over my decisions since I took the correction position and I stand by it.

Justice Aggrey Muchelule: Why did you tell Supreme Court judges while in a meeting in Malindi that you don't want us to use the Supreme Court library to conduct these interviews?

Justice Ojwang: It is because this building is a shame. You should have conducted the interviews in a dignified place but not here. This building should serve as a museum and not place for judges to sit.

Justice Muchelule: Did your wife seek nomination for senator in the last general election and was she appointed a principal secretary as a result of the presidential election petition you handled?

Justice Ojwang: It is true my wife was interested in the nominations for senator but she abandoned it. It is also not true that her appointment as principal secretary was as a result of the presidential petition.

On the other hand, judge Warsame turned his scorn to the chair Prof Margret Kobia when she cut his session.