• “Mr Shitanda further assured me that the Honarable Justice was ready to facilitate the withdrawal of the petition at cost,”
• John Wangai and Stephen Owoko who filed the petition on November 17 withdrew their petition at the JSC on December 3, 2021.
Image: CHARLENE MALWA
One of the petitioners in the case seeking removal of Justice Said Chitembwe over bribery allegations and abuse of office now claims the judge tried to bribe him to withdraw the case.
In an affidavit sworn seen by the Star, Stephen Owoko said he was approached by a man, Henry Shitanda, on November 27, 2021, who introduced himself as an agent of Justice Chitembwe and said he was sent by Justice Chitembwe to withdraw the case that was before the Judicial Service Commission – Petition number 80 of 2021.
“Mr Shitanda further assured me that the Honarable Justice was ready to facilitate the withdrawal of the petition at a cost,” reads the affidavit filed on January 18.
He was later called by the same guy to meet at an office at Corner House where the draft for the withdrawal and affidavit had been drawn and was asked to call his co-petitioner but he refused.
The co-petitioner later informed him that he had been paid Sh100,000 which they were supposed to share and even sent him the money through his company Till number but he returned the money.
Shitanda then called him asking him not to honour JSC summons on December 14, 2021 and they will be paid but he went ahead to appear before the commission.
Owoko said he withdrew his petition to save his co-petitioner from fear.
John Wangai and Stephen Owoko 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'.
On January 21, 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.
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.