Ignore tribunal on Chitembwe, former CS Echesa tells Ruto

Echesa says outcome of the tribunal appointed by Uhuru Kenyatta was predetermined

In Summary
  • “I am saying this because I know what it means to lose a job,” he added.
  • Echesa said that the former regime had captured state organs which they were using as personal property to frustrate others.
Former Sports CS Rashid Echesa.
Former Sports CS Rashid Echesa.
Image: Jack Owuor

Former Sports Cabinet Secretary Rashid Echesa has urged President William Ruto to ignore the report by a tribunal on the conduct of embattled Judge Said Chitembwe.

Echesa said that the outcome of the tribunal appointed by his predecessor Uhuru Kenyatta was predetermined and the Head of State should not act on its recommendations.

“The allegations made against Justice Chitembwe and the eventual tribunal to investigate him was driven by witchhunt and the president should not soil his hands by implementing its findings. He should establish his own tribunal to know the truth,” he said.

“I am saying this because I’m one of the people who lost my job as a minister just because someone wanted me out without any reason and I know what it means to lose a job."

Echesa said that the former regime had captured state organs which they were using as personal property to frustrate those they didn’t like and the tribunal cannot be trusted to deliver justice.

The tribunal chaired by Justice Mumbi Ngugi presented its report to the President at State House on Tuesday. 

It recommended the removal of Chitembwe from office as a High Court judge on account of gross misconduct.

Members of the tribunal formed on May 22, 2022, are senior counsel Kiragu Kimani, Edward Omotii Nyang’au, Joseph Gitonga Riungu.

Justice Nzioka was Makau, Abida Ali Aroni, Senior Counsel Fred Ojiambo, Lt. Gen. Jackson W. Ngung’u, James Ochieng’ Oduol, Dr Lydia Nzomo, Jasper M Mbiuki and Sarah Yamo.

The tribunal report shows that the allegations made against Chitembwe by the Judicial Service Commission were proven having considered all evidence tendered and the applicable laws.

"The allegations of the breach of conduct prescribed for Judges of the Superior Courts and gross misconduct or misbehaviour contrary to Article 168(1)(b) and (e) of the Constitution respectively were established to the required standard of proof."

State House spokesperson Hussein Mohamed said the President will act on the findings after the lapse of the period prescribed by law for Chitembwe to appeal.

"In accordance with Article 168(7) (b) of the Constitution, the recommendations of the tribunal are binding on his excellency the president," Mohamed said.

"Accordingly, the head of state and government will, subject to the appeal timelines provided pursuant to Article 168(8) as read with Article 168(9) of the Constitution, take the appropriate presidential action upon the lapse of the applicable timelines."

Chitembwe is accused of receiving bribes, following a series of videos released by former Nairobi Governor Mike Sonko.

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