Kenya Human Rights Commission: President Kenyatta should normalize relations with Judiciary (15.06.2020)

DPP: Press Statement – Investigation on Allegation of Irregular Payment of Kshs 68,000,000/= made by Nairobi City County to M/S Wachira Mburu, Mwangi & Company Advocates (26.04.2019)

EACC: Press Statement on Investigations into Two Allegations of Irregular Payment of Kshs 68 Million by Nairobi City County Government to Wachira Mwangi and Company Advocates (26.04.2019)

The Untouchable Ojienda!

There are sometimes and somewhere, someone who has such connections and place in society, that they are untouchable. Professor Tom Ojienda is the Chairperson of the Judicial Service Commission of Kenya, he is also the former Chair of the Law Society of Kenya.

Tom is a Special Counsel, so the man has a unique place in the Republic. That has been evident over the last few days. Just within short time, the Department of Criminal Investigations (DCI) and Department of Public Prosecution (DPP) had to both fold an alleged fraud case against the man. This being illegal obtaining of funds from Mumias Sugar Company. Clearly, he has such a position, that the Courts are barring his case. This because he sits on top of the JSC.

We are seeing a game, where the elites, the ones on top of the food-chain can possibly eat and live lavish on other people’s dime. Misuse their position and still get away with it. Even as the DPP have found evidence of corrupt activity, the Courts are dismissing the case. That shows how bad the society is.

This isn’t just about Tom, this is about the failing judiciary and the failing rule of law. When someone is above the system and cannot be touched. Because, the Case against him could be barred in the High Court. Which is really unique, in the circumstances and what we have seen. We are clearly seeing that Tom is something else. Since, he is now out and about, even with the questionable cash obtained through Mumias.

That shows how his prestige and position, means that he can differs from the law, which he presides as a Special Counsel and part of the JSC. Therefore, as part of the clientele on top, he cannot really be touched.

If Tom had been an ordinary crook, he would have suffered behind bars and awaiting sentencing. However, Tom is high-ranking official and a lawyer. Therefore, the system has to be careful, as he can unveil or even reveal matters to the courts. That is why the case is stalled, that is why he isn’t touched.

This story isn’t cool, but more a friendly reminder, that some people have suction and doesn’t need to worry. Tom Ojienda is one of them.

The Republic see it and even if Tom thinks his off the hook. As long as he gets away with it. People will see him as a crook. Until it is really proven, that he never took. Peace.

Just read this nonsense of Charge Sheet. It says it all!

Kenya: The Cheif Justice Should Stop Intimidating Judges (17.03.2017)

Constitutional petition against the appointment & conduct of DCJ Kavuma filed (06.09.2016)

Petition to Judicial Service Commsison of Kenya; In the Matter of Gross Misconduct and Misbehaviour of Honourable Lady Njoki Susanna Ndungu (17.06.2016)

Lumumba criticises bid to extend Supreme Court judges contracts (Youtube-Clip)

“Kenya School of Law Director, Prof PLO Lumumba has criticized a bid by a section of Supreme Court judges to seek extension of their term to 74 years. He said the constitution was clear that a judge shall serve up to the age of 70 and urged those who had attained that age to retire honorably” (Daily Nation, 2016).

Meeting Betwween the Judicial Service Commission and the Law Society in the matter of the Retirement Age of the Deputy Justice and Justice Phillip Tunoi, Supreme Court Judge (03.06.2016)

Some more documents into the Judge Willy Mutunga v. Hon. Lucy Njora ++

Here you see more on the imposed scandal that are happening in the Supreme Court and the challenge of hiring a new judge, how they appropriately address the matter between themselves. This here is more on the matter, as things goes and goes! After the E-Mails, planned time in court and also a Petition to Court as well; this here will not stop until hopeful justice have prevailed!

On May 27, 2016, at 2:26 PM, Willy Mutunga wrote:

Colleagues:

The CA (Court of Appeal) has decided.

I am told there are applications and appeals already filed.

I have instructed Hon Lucy Njora (Supreme Court Deputy Registrar) to place the applications before me for directions.

I will deal with the applications as a single judge.

—

Dr. Willy Mutunga, D.Jur,SC,EGH

Chief Justice/President, Supreme Court of Kenya

“The poor need Justice; others need the Law.” Professor Dani Nabudere

“The rich don’t need the law, they’ve got wealth and power. It’s the poor who need the law.” Albie Sachs.

“The Supreme Court of Kenya neither has friends nor enemies among Kenyans. All the Court cares for is Justice for and to all Kenyans.”

Judge Njoki’s reply

On Fri, May 27, 2016 at 3:32 PM, Njoki Ndungu wrote:

CJ,

I saw your email very late. It would have been better if you had called on phone directly if you had directions for me. I assure you I have followed the provisions of our rules and Act strictly.

As duty Judge for today I already heard 2 certificate of urgency applications by Justices Rawal and Tunoi. I have already disposed of them, given interim orders and given dates for interparties hearing. I think that is in order.

Sincerely,

Njoki

Mutunga reply

On May 27, 2016, at 3:46 PM, Willy Mutunga wrote:

I counseled against copying the applicants in any mail coming from us!

I thought, given the history of this matter, you would have considered that those of us who are around could be involved in some brief conferencing. Even as a duty judge, isn’t there a standing guideline that after the files are given to judges is either the CJ or the DCJ who does the allocation?

I am surprised you suggest I should have called you? Did you think of calling me?!

From: Njoki Ndungu

Date: May 28, 2016 at 8:42:37 AM EAT

To: Willy Mutunga

Cc: Mohammed Ibrahim , jbojwang , swanjala

Subject: Re: The Decision of the CA

With utmost respect CJ, I do not understand your angry tone – which I find inappropriate – to me in this email, for the following reasons:

1. I did not know you were in the country to begin with as your earlier email communication to us indicated you would be out of the country from the 22nd may. (How would I know to call you when you are out of the country? You never pick my calls anyway.)
2. You did not copy any email to ME asking not to copy our colleagues.
3. The first email from you to me arrived in my inbox at 2.31 pm when I had already started listening to the matters, and I was not online at that time. I only saw your email AFTER I had disposed of the applications.
4. Justice Ojwang who was the only other Judge not affected by the matter who was in chambers at the time and we consulted and agreed I should proceed hear the matters.
5. The matters were exparte and took a short time. I communicated to you immediately I saw your email and got your message from The DR.
6. I am not aware that there is anything wrong or untoward with the manner I handled the matters.
7. Did you have a specific outcome in mind? It appears to me, that once again you are having issues with the decisional independence of Judges in your court, particularly myself. This is a subject that has been discussed before. How do you suggest we handle this?

Njoki.SCJ.

Here is more: 

Also this one which is fake and which is real:

The one up top or the one in the bottum, which is real? Aye?

Enough for now., right? We shouldn’t need to ask what is the real age of Judge, they should be honest men walking around us. The ones that we trust as their judgement should be as they are the epitome of law abiding citizenship. Instead here we have seen of dozen documents and proof that there is a state of unlawfulness in the Supreme Court of Kenya, and it is not a good look!  Peace.