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.
The African National Congress Women’s League (ANCWL) unapologetically and strongly believes that gender-based violence has no place in South Africa (SA) and it must be fought by all in the society for women to live happily as equal citizens in the country. The crime statistics for 2014/15 has shown a significant decrease of recorded cases on sexual offenses to have decreased by 7.4%, from 46,647 to 43,195 respectively however the ANCWL does not celebrate such a decrease as the numbers still remain high.
The ANCWL is disappointed by the likes of Judge Jansen who is supposed to uphold the rule of law in an objective and unbiased manner, defining rape as a black culture. Her comments made on Facebook where she claims that the rape of young children is part of black culture, are purely racist and misrepresentation of facts about black culture. The comments are not in anyway assisting in fighting the scourge of sexual abuse in the country.
The ANCWL respects Judge Jansen’s right to participate in public debate but ANCWL has a view that her utterances on rape as being a black culture undermines the standing and integrity of the judiciary. It is the ANCWL’ s view that she violated Article 7 (a) of the Code of Judicial Conduct for South African Judges adopted in terms of section 12 of the Judicial Service Commission Act, 1994 (Act No 9 OF 1994) which requires her that at all times personally avoid and dissociate herself from comments that are racist, sexist or otherwise manifest discrimination in violation of the equality guaranteed by the Constitution.
The ANCWL has lost trust that Judge Jansen will preside over cases of rape fairly in future and therefore calls on Judicial Services Commission to decisively deal with her and relevant bodies to investigate if these utterances do not justify her being de- registered from the legal fraternity.
Whilst the ANCWL calls for gender transformation of the judiciary, the women’s league does not support views coming from any person irrespective of gender or race that reduces the violent sexual abuse of women in our country as black culture. Sexual abuse knows knows no race or social status it affects us all.
ANCWL urges all members of the society to work together in dealing with violence on women and children. All our efforts are required in redressing violence faced by women and children in SA
Issued by: ANC Women’s League
Cde Meokgo Matuba
ANCWL, National Spokesperson
+27 (82) 6523131
“President Uhuru Kenyatta has suspended Supreme Court Judge Philip Tunoi and formed a seven-member tribunal led by Sharad Rao to probe his conduct over bribery allegations. The announcement was made Tuesday afternoon by State House spokesman Manoah Esipisu through his official twitter handle. Esipisu said: “After further consultation, President Uhuru Kenyatta suspends Justice Philip K. Tonui as judge of the Supreme Court.” (…)”President Kenyatta appoints seven-member Tribunal, chaired by Sharad Rao to investigate conduct of Justice Tonui.” Other members of the tribunal are: Justice Roselyn Korir, Justice (Rtd.) Jonathan Havelock, Judith Guserwa, James Kaberere Gachoka, Abdirashid Abdullahi Hussein and George Munji Wakukha” (Kenyan Citizen TV, 2016).
The Judicial Service Commission has this afternoon received the report of the Special Committee set up on 27th January 2016 to inquire into the allegation of bribery against Hon Mr. Justice Phillip K. Tunoi.
The Commission has deliberated upon and adopted the report.
The Commission is satisfied that from the totality of the material and information presented before it there was inappropriate interaction and communication between the Hon. Mr. Justice Phillip K. Tunoi and agents of a litigant in a matter pending before the Supreme Court. This in the opinion of the Commission amounts to gross misconduct and misbehavior, sufficient to warrant the establishment of a tribunal to further investigate the matter.
Secondly, as to whether or not there is material to suggest that a bribe was given to the Hon. Mr. Justice Phillip K. Tunoi on 27.8.2014 in order to influence the decision in Supreme Court Election Petition No 18/2014 Evans Odhiambo Kidero & 4 Others -Vs- Ferdinand Waititu Ndungu & 4 others to favour the Petitioner, the Commission is satisfied that this is an issue that requires further investigation by the said tribunal.
Arising from the foregoing, the Commission is satisfied that a Prima Facie case of gross misconduct and misbehaviour has been disclosed against the Hon. Mr. Justice Phillip K. Tunoi.
The Judicial Service Commission shall therefore recommend to his Excellency the President that a tribunal be established to investigate the matter.
Dated at Nairobi this 5th day of February, 2016.
HON. DR. WILLY MUTUNGA, D.Jur, SC, EGH, SEGH
CHAIR, JUDICIAL SERVICE COMMISSION