BY PHOEBE WANJOHI.
A High Court judge who has featured in a series of videos published by former Nairobi Governor Mike Sonko is now facing another petition seeking to oust him from office.
Justice Said Chitembwe is now facing a second petition after Francis Wambua lodged a case before the Judicial Service Commission seeking for his removal as a judge.
Wambua claims that the Judge has involved himself in various acts of gross judicial misconduct by discussing the merits of a matter pending in court, which was pending before him with third parties.
He says the Judge lacks integrity to continue holding office and further that he has breached the Constitutional provisions on integrity, the Judicial Service Code of Conduct and the Bangalore Principles of Judicial Conduct.
Wambua claims that the judge has been using his alleged brother Amana Saidi Jirani as a proxy and agent, to allegedly receive bribes on his behalf.
He adds that Judge Chitembwe lacks impartiality, by allowing himself to be influenced in the performance of the duties of his judicial office.
Wambua argues that fraudulent and corrupt dealings by the learned judge is to be inferred from the surrounding circumstances of the matter.
It is his claims that the Judge demonstrated open bias, malice and ineptitude against former Nairobi Governor Mike Mbuvi Sonko.
Wambua further allege that he has evidence of telephone conversation between the Judge and an advocate wherein the said Judge confirms that he was approached by lawyer Miller and Guyo regarding two petitions.
He alleges that the advocates wanted the Judge to rule against Sonko in High Court Constitutional Petition No. E425 of 2020 and Nairobi High Court Constitutional Petition No. E005 of 2021.
“The said learned Judge had a land transaction to which the Ex-Governor Mike Mbuvi Sonko was involved and it had a monetary implication and the said learned Judge made unrealistic demands regarding the shares to be paid in condemnation of purchase of the land which Sonko rejected and he opted to revenge by maliciously instigating the dismissal of the aforesaid petitions”, he adds.
According to him, based on the above the Petitioner contends that Justice Chitembwe had ceased to be independent and impartial within the meaning of Article 160 (1) of the Constitution which gives judicial independence to the judiciary.
The Petitioner contends that the contents in the conversations between the Presiding Judge and a third-party touches on the merits of Nairobi High Court Constitutional Petition No. E425 of 2020 and Nairobi High Court Constitutional Petition No. E005 of 2021 that was heard and determined by the Bench.
“It is evident that Cecil Miller was acting at the behest of the Nairobi City County Assembly members and County Executive Members in a desperate and deliberate bid to have his illegal legal fees paid and by so doing he engaged Amana Saidi Jirani who is the nominee and relative of Honourable Justice Juma Saidi Chitembwe”, he alleges.
