Brian Mayodi
Said Juma Chitembwe, a judge on suspension from the High Court, has petitioned the Supreme Court to prevent the tribunal’s recommendation that he be dismissed for severe misconduct.
A 12-member panel led by Court of Appeal Judge Mumbi Ngugi conducted an investigation into Chitembwe and unanimously recommended that he be removed from office after finding him responsible for four of the six complaints of misconduct made against him by the Judicial Service Commission.
The tribunal found him guilty of violating the Judicial Service Code of Conduct for judges by acquiring a proprietary interest in a land tract in the Kinondo area of Kwale county that was the focus of a succession issue that was pending before him.
According to the tribunal’s conclusions, “There is adequate evidence to indicate that the judge obtained an interest over land lot No.Kwale/Galu Kinondo/779 through his relative and proxy, Mr. Amana Saidi Jirani.”
The tribunal also determined that Chitembwe had engaged in gross misconduct by presiding over a bench in the impeachment trial of former Nairobi Governor Mike Sonko while being acquainted with the county chief who was one of the petitioners.
During a meeting with Sonko, Chitembwe also provided legal counsel on the viability of an appeal and the suggested grounds for appeal against the decision upholding his impeachment.
President William Ruto received the tribunal’s recommendations last week, and Chitembwe has ten days to appeal.
The judge also informed the Supreme Court of his decision to appeal the recommendations on Monday.
