JUDGE CHITEMBWE FIGHTS TO KEEP HIS JOB AS HE MOVES TO THE SUPREME COURT.

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Suspended High Court Judge Said Chitembwe who was recommended to be removed from Judiciary by the tribunal appointed to investigate his conduct.

BY SAM ALFAN.

Suspended High Court judge Said Chitembwe has moved to the Supreme Court to challenge his removal from the Judiciary.

A tribunal appointed to investigate the Judge’s conduct recommended for his removal for gross misconduct.

The report was handed to President William Ruto but Chitembwe has a window to challenge the recommendation. The verdict of the Supreme Court is final.

“Take notice that Justice Said Juma Chitembwe being dissatisfied with the decision/findings of the Tribunal appointed to investigate into his conduct delivered to the President on 7th February, 2023 the intends to appeal to the Supreme Court against the whole decision or findings,” the notice to the top court on Monday 13, says.

The constitution allows the judge recommended for removal to challenge the decision of the tribunal at the Supreme Court, failure to which the President will act on the recommendation and strike out his name from the list of judges.

The tribunal chaired by appellate court Judge Mumbi Ngugi was appointed by former President Uhuru Kenyatta last year.

The tribunal ruled in a 262-page report that Justice Chitembwe showed a lack of professionalism and his conduct was unbecoming of a judge in contravention of Articles 73 of the constitution as well as code of conduct and ethics.

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 misbehaviour.

“The Tribunal finds, therefore, that the Judge was engaged in the subversion of justice through commenting and advising a litigant on matters pending in court contrary to Article 75(c) of the Constitution, and Regulation 18 of the Code of Conduct and Ethics,” Judge Ngugi led Tribunal said.

The tribunal found that the judge advised former Nairobi Governor Mike Sonko on points that will help him in the appeal, challenging his removal as the city-county boss.

Sonko was removed by the MCAs and the decision was rubber-stamped by the Senate.

Sonko had accused the judicial officer of advising him that the judgement, which upheld his removal as the Nairobi county boss, should be set aside because there was coercion, bribery and fraud.

“Further, the Judge, by his own testimony, freely admitted that he discussed and outlined to Governor Sonko what to raise in the appeal,” the Tribunal said.

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