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Supreme Court judges in fight of a lifetime – VIDEO

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By SAM KIPLAGAT
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By NYAMBEGA GISESA
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Supreme Court Judge Jackton Boma Ojwang’ was last evening staring at an undignified end to his illustrious legal career after the Judicial Service Commission (JSC) recommended the formation of a tribunal to investigate his conduct.

In a statement, the JSC, led by chairman Chief Justice David Maraga, said it had found that a petition against Prof Ojwang’ “had disclosed sufficient ground” to warrant a recommendation to President Uhuru Kenyatta to set up a tribunal to investigate the judge’s conduct.

Justice Maraga said the petition detailed instances that the petitioners believed constituted misconduct, impropriety, conflict of interest and breach of the Judicial Code of Conduct against Justice Ojwang’.

Among these was a decision by Justice Ojwang’ to sit with other Supreme Court judges in a petition filed by nine residents of Migori against the Town Council of Awendo, despite association with Migori County Governor Okoth Obado

Justice Ojwang’ has defended himself against the accusations, saying he was not part of the Bench that determined the main grievances, which were related to interests in the Sony sugar belt.

He refused to appear before the committee despite being summoned, and instead sent his lawyer, Nani Mungai, to represent him.

“From the whole context of this matter, and from the full context of the ill-intent against me such as is quite evident, I will not myself be appearing before the well-known committee members of the Judicial Service Commission,” Justice Ojwang’ wrote in a letter to the JSC on March 15.

Once President Kenyatta receives the petition, he has 14 days to form a tribunal to probe the judge.

While on suspension pending the outcome of the tribunal’s investigations, Justice Ojwang’ will receive half his salary.

Only three judges — Tom Mbaluto, Vitalis Juma and, more recently, Joseph Mutava — have been removed from service through tribunals.

Apart from the sugar belt case, the petitioners complained of a road built in Justice Ojwang’s rural home in Kakrao, Migori County. But the judge has dismissed the claim as “a pure figment of imagination”.

The commission at the same time said it had considered two new petitions, one by Mr Yussuf Ibrahim Dimbil against CJ Maraga for alleged gross violations of the Constitution and another by Mr Mohamed Mohamud Sheikh against four Supreme Court judges — Justices Ojwang’, Mohammed Ibrahim, Smokin Wanjala and Njoki Ndung’u — for alleged gross misconduct, incompetence, and breach of the Constitution and oath of office.

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Another petition asks the JSC to investigate the conduct of Court of Appeal Judge Mohammed Warsame with a view to removing him.

The petitioner, Mr Wardere Mohamud Bule, alleges that Justice Warsame has breached the Judicial Code of Conduct by forging a close relationship with a senior lawyer.

Mr Maraga said the Commission had directed that the concerned judges, including himself, be served with the petitions. They were given 14 days within which to file their responses.

The JSC also considered responses to 17 petitions that had been filed against various judges of the Court of Appeal and the High Court.

“Upon deliberation, the JSC admitted nine of them for hearing and found no merit in the other eight and accordingly dismissed them,” Mr Maraga said.

For Prof Ojwang’, success came almost in equal measure with controversies.

He has always made his opinion known, and the hallmark of his shoot-from-the-hip approach was when he downed tools in 2015 in solidarity with his colleagues, Justices Kalpana Rawal and Philip Tunoi, over the retirement age of judges.

The JSC found him and Justice Njoki Ndung’u guilty of misconduct, but only reprimanded them.

Prof Ojwang’ has a doctorate of science in law, considered the most advanced degree by most Ivy League institutions.

Before becoming a judge, he was a lecturer at the University of Nairobi, where he also served as Dean at the School of Law in Parklands.

On October 28, 2003, he was appointed a judge of the High Court and went on to serve in both Nairobi and Mombasa. On June 16, 2011, he was appointed one of the seven Supreme Court judges.

Before the appointment of Justice David Maraga as Chief Justice, Justice Ojwang was seen by some as a possible candidate.

However, the JSC did not to shortlist him as a possible successor of Dr Willy Mutunga, which saw lawyer Sam Mohochi and Prof Yash Pal Ghai move to the High Court seeking to have the commission interview all candidates, or explain why some were not considered.

When the High Court ruled in their favour, Prof Ojwang’ found himself on the interview list. The JSC ranked him last among the interviewees, with just 38 marks out of a possible 100. Justice Maraga scored 84 percent.

Despite his current woes, Prof Ojwang is a man of extraordinary feats. He scored a First Division in the Cambridge School Certificate and was in the pioneer law class of the University of Nairobi in 1971.

After graduation, he was the only student admitted to the Master of Laws course, and immediately after graduation he was employed as a law lecturer.



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Public officers above 58 years and with pre-existing conditions told to work from home: The Standard

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Head of Public Service Joseph Kinyua. [File, Standard]
In a document from Head of Public Service, Joseph Kinyua new measure have been outlined to curb the bulging spread of covid-19. Public officers with underlying health conditions and those who are over 58 years -a group that experts have classified as most vulnerable to the virus will be required to execute their duties from home.

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However, the new rule excluded personnel in the security sector and other critical and essential services.
“All State and public officers with pre-existing medical conditions and/or aged 58 years and above serving in CSG5 (job group ‘S’) and below or their equivalents should forthwith work from home,” read the document,” read the document.
To ensure that those working from home deliver, the Public Service directs that there be clear assignments and targets tasked for the period designated and a clear reporting line to monitor and review work done.
SEE ALSO: Thinking inside the cardboard box for post-lockdown work stations
Others measures outlined in the document include the provision of personal protective equipment to staff, provision of sanitizers and access to washing facilities fitted with soap and water, temperature checks for all staff and clients entering public offices regular fumigation of office premises and vehicles and minimizing of visitors except by prior appointments.
Officers who contract the virus and come back to work after quarantine or isolation period will be required to follow specific directives such as obtaining clearance from the isolation facility certified by the designated persons indicating that the public officer is free and safe from Covid-19. The officer will also be required to stay away from duty station for a period of seven days after the date of medical certification.
“The period a public officer spends in quarantine or isolation due to Covid-19, shall be treated as sick leave and shall be subject to the Provisions of the Human Resource Policy and procedures Manual for the Public Service(May,2016),” read the document.
The service has also made discrimination and stigmatization an offence and has guaranteed those affected with the virus to receive adequate access to mental health and psychosocial supported offered by the government.
The new directives targeting the Public Services come at a time when Kenyans have increasingly shown lack of strict observance of the issued guidelines even as the number of positive Covid-19 cases skyrocket to 13,771 and leaving 238 dead as of today.
SEE ALSO: Working from home could be blessing in disguise for persons with disabilities
Principal Secretaries/ Accounting Officers will be personally responsible for effective enforcement and compliance of the current guidelines and any future directives issued to mitigate the spread of Covid-19.

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Uhuru convenes summit to review rising Covid-19 cases: The Standard

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President Uhuru Kenyatta (pictured) will on Friday, July 24, meet governors following the ballooning Covid-19 infections in recent days.
The session will among other things review the efficacy of the containment measures in place and review the impact of the phased easing of the restrictions, State House said in a statement.
This story is being updated.
SEE ALSO: Sakaja resigns from Covid-19 Senate committee, in court tomorrow

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Drastic life changes affecting mental health

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Kenya has been ranked 6th among African countries with the highest cases of depression, this has triggered anxiety by the World Health Organization (WHO), with 1.9 million people suffering from a form of mental conditions such as depression, substance abuse.

KBC Radio_KICD Timetable

Globally, one in four people is affected by mental or neurological disorders at some point in their lives, this is according to the WHO.

Currently, around 450 million people suffer from such conditions, placing mental disorders among the leading causes of ill-health and disability worldwide.

The pandemic has also been known to cause significant distress, mostly affecting the state of one’s mental well-being.

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With the spread of the COVID-19 pandemic attributed to the novel Coronavirus disease, millions have been affected globally with over 14 million infections and half a million deaths as to date. This has brought about uncertainty coupled with difficult situations, including job loss and the risk of contracting the deadly virus.

In Kenya the first Coronavirus case was reported in Nairobi by the Ministry of Health on the 12th March 2020.  It was not until the government put in place precautionary measures including a curfew and lockdown (the latter having being lifted) due to an increase in the number of infections that people began feeling its effect both economically and socially.

A study by Dr. Habil Otanga,  a Lecturer at the University of Nairobi, Department of Psychology says  that such measures can in turn lead to surge in mental related illnesses including depression, feelings of confusion, anger and fear, and even substance abuse. It also brings with it a sense of boredom, loneliness, anger, isolation and frustration. In the post-quarantine/isolation period, loss of employment due to the depressed economy and the stigma around the disease are also likely to lead to mental health problems.

The Kenya National Bureau of Statistics (KNBS) states that at least 300,000 Kenyans have lost their jobs due to the Coronavirus pandemic between the period of January and March this year.

KNBC noted that the number of employed Kenyans plunged to 17.8 million as of March from 18.1 million people as compared to last year in December. The Report states that the unemployment rate in Kenya stands at 13.7 per cent as of March this year while it stood 12.4 per cent in December 2019.

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Mama T (not her real name) is among millions of Kenyans who have been affected by containment measures put in place to curb the spread of the virus, either by losing their source of income or having to work under tough guidelines put in place by the MOH.

As young mother and an event organizer, she has found it hard to explain to her children why they cannot go to school or socialize freely with their peers as before.

“Sometimes it gets difficult as they do not understand what is happening due to their age, this at times becomes hard on me as they often think I am punishing them,”

Her contract was put on hold as no event or public gatherings can take place due to the pandemic. This has brought other challenges along with it, as she has to find means of fending for her family expenditures that including rent and food.

“I often wake up in the middle of the night with worries about my next move as the pandemic does not exhibit any signs of easing up,” she says. She adds that she has been forced to sort for manual jobs to keep her family afloat.

Ms. Mary Wahome, a Counseling Psychologist and Programs Director at ‘The Reason to Hope,’ in Karen, Nairobi says that such kind of drastic life changes have an adverse effect on one’s mental status including their family members and if not addressed early can lead to depression among other issues.

“We have had cases of people indulging in substance abuse to deal with the uncertainty and stress brought about by the pandemic, this in turn leads to dependence and also domestic abuse,”

Sam Njoroge , a waiter at a local hotel in Kiambu, has found himself indulging in substance abuse due to challenges he is facing after the hotel he was working in was closed down as it has not yet met the standards required by the MOH to open.

“My day starts at 6am where I go to a local pub, here I can get a drink for as little as Sh30, It makes me suppress the frustration I feel.” he says.

Sam is among the many who have found themselves in the same predicament and resulted to substance abuse finding ways to beat strict measures put in place by the government on the sale of alcohol so as to cope.

Mary says, situations like Sam’s are dangerous and if not addressed early can lead to serious complications, including addiction and dependency, violent behavior and also early death due to health complications.

She has, however, lauded the government for encouraging mental wellness and also launching the Psychological First Aid (PFA) guide in the wake of the virus putting emphasis on the three action principal of look, listen and link. “When we follow this it will be easy to identify an individual in distress and also offer assistance”.

Mary has urged anyone feeling the weight of the virus taking a toll on them not to hesitate but look for someone to talk to.

“You should not only seek help from a specialist but also talk to a friend, let them know what you are undergoing and how you feel, this will help ease their emotional stress and also find ways of dealing with the situation they are facing,” She added

Mary continued to stress on the need to perform frequent body exercises as a form of stress relief, reading and also taking advantage of this unfortunate COVID-19 period to engage in hobbies and talent development.

“Let people take this as an opportunity to kip fit, get in touch with one’s inner self and  also engage in   reading that would  help expand their knowledge.

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