Lawyer writes to Koome protesting JSC handling of Chitembwe case

Lawyer Job Nyasimi of Nchogu, Omwanza and Nyasimi Advocates has written to Chief Justice Martha Koome protesting how the Judicial Service Commission has been handling a petition seeking the removal of Justice Said Chitembwe as a Judge.

Nyasimi asked Koome to take over the case and prioritise it in a way that justice will be seen to have been served.

“We request that you inform the committee dealing with the petition to hold their horses and give you time to look into the issues raised,” he said.

In the letter, Nchogu, Omwanza and Nyasimi Advocates accused JSC of directing their clients to appear in court in person or have the petition against Chitembwe dismissed, disregarding their request to have a notice by the petitioners to dismiss the petition.

The lawyers said that they were not consulted by the petitioners whom they legally represent.

“We are the ones who lodged the petition on behalf of the petitioners and are therefore their legal representatives. To this minute, we have not been served with a Notice for the petitioners to act in person,” Nyasimi said.

They accused the JSC of overstepping its mandate in handling the petition since they are not allowed to order for withdrawal.

 “JSC’s role is limited to ‘considering the petition and if it is satisfied that the petition discloses a ground for removal under clause (1), send the petition to the President’. It has no power or jurisdiction to withdraw petitions. ”

Nyasimi said the JSC has also overlooked the reasons why the petitioners want the petition withdrawn.

Two Kenyans, John Wangai and Stephen Ooko who filed the petition on November 17 withdrew their petition at the JSC on December 3, 2021.

They withdrew the case since the matter had not been handled in accordance with rules of natural justice, they said.

They said it was against the law on fair administration action and the fair administrative action act.

Former Nairobi Governor Mike Sonko had accused Chitembwe of graft, an allegation he denied.

Sonko made the allegations through various video recordings, which have come to be referred to as 'Sonko leaks'.

The recordings suggest that the judge accepted money in exchange for favourable rulings.