Supreme Court on Thursday, December 28 dismissed Justice Said Chitembwe’s appeal against a conviction that sought to remove him from office.
Additionally, the Supreme Court okayed the Justice Mumbi Ngugi-led tribunal’s decision to remove Justice Said Chitembwe from office.
“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,” read part of the ruling.
Justice Said Chitembwe presided over former Nairobi Governor Mike Sonko’s impeachment hearing.
Uhuru suspends Justice Said Chitembwe
Supreme Court concluded hearing of Justice Chitembwe’s appeal on October 5, 2023.
The Judicial Service Commission (JSC) initiated a probe into his conduct on November 22, 2021, after Former Nairobi Governor Mike Sonko released video tapes and mobile phone recordings implicating the judge in corrupt deals.
In May the following year, Former President Uhuru Kenyatta suspended him and formed a seven-member tribunal to investigate his alleged misconduct.
Lady Justice Mumbi Ngugi was appointed as the chair, while the lead counsel was Senior Counsel Kiragu Kimani assisted by Edward Omotii Nyang’au and Joseph Gitonga Riungu.
Other tribunal members were Justices Nzioki wa Makau, Abida Ali Aroni, Senior Counsel Fred Ojiambo, Lt. Gen. (Rtd.) Jackson W. Ndung’u, James Ochieng’ Oduol, and Dr Lydia Nzomo.
Jasper M. Mbiuki and Sarah Yamo served as joint secretaries.
7-member tribunal report
Sonko presented his petition claiming that Justice Chitembwe’s decision to uphold his impeachment should be dismissed because of was coercion, bribery, and fraud.
The tribunal presented its report to President William Ruto on February 7, 2023 recommending his removal from office.
The grounds for the removal of a judge include the inability to perform the functions of office arising from mental or physical incapacity, breach of a code of conduct prescribed for judges, bankruptcy, incompetence or gross misconduct or misbehavior.
