Ojwang seeks to face his accusers in public hearing

Supreme Court Justice Jackton Boma Ojwang during the judgment on death penalty case at the Supreme Court on Thursday 14/12/17. [Boniface Okendo,Standard]

Suspended Supreme Court judge Jackton Ojwang wants to be tried in public.

The Standard can exclusively reveal that the senior judge has told the tribunal, which will try him for alleged graft and judicial misconduct, that he wants Kenyans to know the truth by having an open trial.

His wish is to face his accuser, Nelson Oduor Onyango, in full glare of cameras.

“He wants a public trial, an open and transparent process. He also wants the public to know what transpired,” a source close to Ojwang disclosed.

The judge had two options – either to have a private trial or public hearing.

Preparations for the trial, which ought to start on or about June 24, are in high gear.  

It has emerged that the Justice Alnashir Visram-led tribunal has recorded statements of witnesses expected to testify during the trial.

Two detectives

This is alongside investigations spearheaded by two officers seconded by Directorate of Criminal Investigations (DCI) to assist the tribunal.

Among the issues being probed is whether the senior judge had communicated with Migori Governor Okoth Obado.

The governor is expected to be a key witness in the trial as he is the alleged recipient of “favour” from the judge.

Justice Ojwang’s accusers alleged that the judge had asked Obado to build him a private road to his home in exchange for a favourable judgement in the Awendo Sugar Belt case.

When Judicial Service Commission (JSC) recommended Justice Ojwang’s removal from the Judiciary in April, this year, Obado denied the claims. He vowed to defend the judge.

The road’s construction, according to JSC petition, commenced seven days after Obado filed his election petition before the Supreme Court on April 3, 2014.

“From the uncontroverted evidence adduced by the petitioners, there existed a close personal relationship between the judge and the governor and the leadership of Migori County which created a perception of bias and conflict of interest. The construction of the road was viewed as an inducement to influence the judge to favour the governor,” read the petition to President Uhuru Kenyatta.

The Standard has also learnt that a land surveyor, who was tasked by JSC to go to Migori to ascertain whether the road was public or private, has also recorded his statement.

The surveyor, Peter Wanjala, visited Suna East on March 5, and his report shows the road in question was not private property as had been alleged.

Other witnesses

Former Chief Justice Willy Mutunga, former Deputy Chief Justice Kalpana Rawal, justices Phillip Tunoi, Njoki Ndung’u, Smokin Wanjala and Mohamed Ibrahim are expected to testify on whether Justice Ojwang influenced them to give Obado a favourable judgement and what transpired during the meetings to decide on a ruling of the Awendo case.

Justice Ojwang faces three charges relating to the Awendo Sugar Belt case complaint.

Meanwhile, the judge faces a fourth charge for failing to appear before JSC, a complaint which will have the current Chief Justice David Maraga as a witness.