Supreme Court judge Smokin Wanjala urges JSC to call sleuths to investigate him

Supreme Court Judge Smokin Wanjala has invited a multi-agency team to investigate him on graft allegations contained in a petition against him.

Justice Wanjala wants the investigations conducted before Judicial Service Commission makes a decision on the petition.

Dismissing the claims by the petitioner Jared Ongeri as fabrications, the judge in a reply seen by The Standard on Saturday, said he is open to investigations to clear his name.

In a reply drafted by lawyer Fred Ojiambo, Justice Wanjala termed the petition pegged on Wajir governor’s election as an attack of the apex court.

“Why haven’t petitioners even so far reported the claims herein to the relevant organs of the State for investigations? Why would the petitioners petition JSC to prejudice judges by occasioning their suspension first, and then subject the very facts founding the suspension to investigations?”he wondered.

“Justice Wanjala is equally eager to have the allegations leveled against him investigated and to have his name and reputation cleared. He shall to that end seek to cooperate with the organs investigating to ensure a speedy and effective investigations,” stated the reply.

The judge denied being persuaded by a politician to make a judgement in favour of Governor Mohamed Abdi.

In a reply dated March 27, 2019, the judge also denied taking any bribe adding that he wants his accusers to produce among other things, CCTV images to prove that he met the alleged bribe giver at the Jommo Kenyatta Airport.

Cruel assault

“That as much, the petition is in its totality premeditated, premature and a cruel assault without any factual justification, against the character, the integrity and standing of judges of the apex court of the land,” the reply reads. Justice Wanjala joins Justice Njoki’ Ndungú in inviting the Directorate of Criminal Investigations (DCI) and Ethics and Anti-Corruption Commission (EACC) to investigate claims against them.

Justice Ndung’u said she had written to DCI requesting she be investigated alongside everyone who has been mentioned or had a link to the petition filed against her at the JSC.

“I have requested the DCI to commence a very urgent investigation of the ‘facts’ alleged by the petitioner and ensure anyone found culpable is immediately arraigned before court on appropriate charges including myself, if such evidence emerges,” she said.

No powers

In his response, Justice Wanjala stated that JSC has no powers to investigate judges. According to him, the commission can only investigate complaints against registrars, magistrates and other officers of theJjudiciary and not judges.

“JSC’s jurisdiction is limited to assessment of petition and the facts set out constituting grounds for the judge’s removal,” said Justice Wanjala.

“Any purported investigations by the JSC would put it in a situation where it must step into the shoes of the petitioner by looking for evidence to sanitise the irredeemably limping and deficient petition. JSC would become the accuser, investigator, the judge all at the same time,” he wrote.

He said there was a review petition by the same lawyers who filed the complaint with JSC.ding to Justice Wanjala, it would be improper for the commission to handle the petition before the determination of the review.

[email protected]