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.
“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