Migori Governor Okoth Obado tarmacked a private road leading to the village home of Justice Jackson Ojwang, while he sat on a Supreme Court bench hearing an election petition against the governor.
The petition was dismissed.
For this reason, nine people have petitioned Chief Justice Willy Mutunga to investigate Ojwang, and remove him if conflict of interest is found.
They want to know if county taxpayers paid for the tarmacking.
This is the second petition filed for removal of justice Ojwang.
The first was filed last year by lawyer Apollo Mboya, calling for his removal alongside that of Justices Njoki Ndungu and Mohammed Ibrahim who are said to have been on a go-slow in September last year.
Yesterday, the group of nine led by Nelson Onyango Oduor filed a complaint against justice Ojwang, saying he received a favour, the tarmacking his road, from the Migori county government during the petition.
According to suit papers, the county government on April 11, 2014, constructed the private road off Kakrao-Ogwethi road, leading to the judge's home.
The nine want the judge held guilty of misconduct, incompetence and breach of the judicial code of conduct, and declared unfit for office.
They demand the Judicial Service Commission or relevant agency probe Ojwang's conduct in relation to benefit received from the Migori county government.
The group wants to know if the expenditure for the tarmacking was included in the county budget.
Migori youths demonstrated against the road construction.
“I and co-petitioners vividly remember on the 12th April 2014, a group of Migori youths demonstrated along the construction site to the judge's home, protesting against the entailed corruption, using public resources, particularly at the time when the governor's petition against Court of Appeal ruling against (in regard to an election petition) him was before the Supreme Court in which justice Ojwang sits,” says Oduor's sworn affidavit in support of the petition.
The nine petitioners said they raised concern that justice Ojwang and the Migori governor both hail from Uriri and, as a result, the judge might have an interest in the matter if he presided over it.
Since the inception of Supreme Court, two judges have been suspended over allegations of misconduct. Former Deputy Chief Justice Nancy Baraza pinched the nose of a security guard.
Suspended judge Philip Tunoi is accused of receiving Sh200 million to deliver a favorable judgement in the election petition of Ferdinand Waititu against Nairobi Governor Evans Kidero in August 2014. Kidero's election was upheld.
Both parties deny wrongdoing.
Tunoi will appear before a tribunal chaired by Sharad Rao.