An attempt by Justice Said Chitembwe to block the Judicial Service Commission from deliberating on petitions seeking his removal from office has been declined.
The hearings will therefore proceed Tuesday next week as earlier scheduled.
Justice Hedwig Ong’undi said granting the order would stop JSC from carrying out its lawful mandate without hearing the respondents.
“The application is based on an allegation that the petitioner was not given sufficient time to respond. That is an issue that JSC can deal with,” Justice Ong’undi said.
“I have therefore not been shown any violation of the law to make this court grant the prayers sought by the petitioner at this point.”
Chitembwe said a series of video recordings implicating him in corruption cannot be used before JSC as the evidence was illegally obtained.
The recordings were released by former Nairobi Governor Mike Sonko.
Chitembwe, in the application before the High Court, sought to have an order restraining the commission from conducting, proceeding with and determining the petitions filed before it over gross misconduct allegations.
He said the recorded telephone and video conversations between him, Sonko, his brother Amana Said Jirani and other third parties was illegally obtained evidence and cannot form the basis of any proceedings before the JSC, any court or tribunal.
“The evidence was obtained in contravention to my rights to privacy as guaranteed under Article 31 (d) of the constitution,” he said.
“I am genuinely apprehensive that the JSC reliance on purported audio and video recordings obtained by Sonko contrary to the law, will prejudice the right to fair administrative action from the JSC.”
The video, famously known as Sonko Leaks, went viral last month raising questions on Chitembwe’s integrity.
Sonko posted on his Facebook page and Twitter account a series of recorded telephone conversations and video records titled ‘The rot in the Kenyan Judiciary.’
However, Chitembwe says the recordings posted by Sonko on his social media platforms were done without his consent or knowledge and other parties allegedly involved in the conversations whose dates are not verifiable.
Edited by Kiilu Damaris
