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Government and Policy

A Win For Professor Tom Ojienda After High Court Ruling

BY Soko Directory Team · December 4, 2018 02:12 pm

Professor Tom Ojienda’s bid for another term at the Judicial Service Commission (JSC) has received a tremendous boost after the High Court ruled in his favor.

Professor Ojienda, a member of the JSC was set to seek another term at the commission but received resistance from both the Kenya Revenue Authority (KRA) and the Law Society of Kenya (LSK).

The Kenya Revenue Authority (KRA) had declined to issue the Professor with a tax compliance certificate that would have enabled him to be cleared for another term at the JSC.

KRA cited an “ongoing dispute” as the reason for declining to issue the tax compliance certificate. According to KRA, it was “not sure” whether Professor Ojienda had fully complied with his obligation to remit taxes to the authority.

LSK, on the other hand, had declined to nominate Professor Ojienda, and even got enjoined in the KRA case saying that Ojienda was not “suitable for the nomination” due to allegations by KRA and for failure to secure the compliance certificate from KRA.

The ruling by the High Court on Tuesday seems to have cleared the way for Professor Tom Ojienda and the two bodies will have no otherwise but to comply.

The Kenya Revenue Authority has been ordered to issue Professor Ojienda with a tax compliance certificate.

The Law Society of Kenya has also been ordered to with the orders and carry out the nomination process with the orders as tax compliance certificate.

Witch hunt 

The dispute between the Kenya Revenue Authority and Professor Ojienda had been seen as a malicious effort by some hidden forces that wanted Professor Ojienda out of JSC.

Many people questioned the timing of the KRA’s allegations and the JSC nominations. Allegations that KRA was not sure whether Professor Ojienda had complied with tax remittances were also questioned and held no water.

This is the second time KRA has been ordered to issue a tax compliance certificate to Professor Ojienda. Will the orders be obeyed this time round?

LSK Should Be Neutral in the JSC matter

The Law Society of Kenya should exercise impartiality even as they plan to nominate a representative for the Judicial Service Commission.

LSK, being a body that is respected in upholding the rule of law, should refrain from being seen as though it is being used to have Professor Ojienda out of JSC and create a vacancy for someone else.

The nomination should be done based on professionalism and qualification and not on the basis of public opinion or because they “don’t just like someone.”

 

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