The Supreme Court has dismissed former High Court Judge Said Juma Chitembwe’s appeal challenging the findings of the tribunal that recommended his removal from office.
A five-judge bench consisting of Justices Mohamed Ibrahim, Smokin Wanjala, Njoki Ndung'u, Isaac Lenaola, and William Ouko upheld the tribunal’s findings that Chitembwe breached the Judicial Service code of conduct and ethics.
“The Petition of Appeal dated 15th February 2023 is hereby dismissed. The Tribunal’s finding that the Petitioner’s conduct was in breach of the Judicial Service (Code of Conduct and Ethics) Regulations 2020 and amounted to gross misconduct contrary to Article 168(1) (b) and (e) of the Constitution is affirmed,” the ruling read in part.
The Supreme Court also affirmed the Tribunal's recommendation to have Chitembwe removed from office.
“The Tribunal’s recommendation to the President for the Petitioner’s removal from office under Article 168(1)(e) of the Constitution is hereby affirmed,” the ruling added.
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Chitembwe in February moved to the apex court seeking to have the decision recommending his removal to be quashed.
Chitembwe was in 2022 exposed by audio and video recordings released by Former Nairobi Governor Mike Sonko.
The two had met numerous times to discuss a court case when the audio and videos were taken.
Retired president Uhuru Kenyatta appointed a tribunal led by Lady Justice Mumbi Ngugi that recommended the removal of Chitembwe from office.
Lawyer James Ochieng' Oduol, Senior Counsel Fred Ojiambo, Labour Relations Court Judge Nzioki wa Makau, and High Court Judge Abida Ali Aroni, were among the members of the tribunal.
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