UPDATE

Inquiry into justice Chitembwe's conduct ongoing - Tribunal

It says it will expedite hearings without compromising his right to a fair hearing.

In Summary

• Chitembwe is being probed by the Tribunal over alleged gross misconduct and abuse of office.

• Charges against him emanated from a series of videos unleashed by former Nairobi Governor Mike Sonko in November 2021 adversely implicating the judge in corruption.

Justice Said Juma Chitembwe during his interview for the position of Supreme Court judge.
Justice Said Juma Chitembwe during his interview for the position of Supreme Court judge.
Image: FILE

The Tribunal investigating the alleged gross misconduct of Justice Juma Chitembwe has pledged to expeditiously expend of the matter.

In a statement Wednesday, joint secretaries Sarah Yamo and Jasper Mbiuki said the proceedings are being conducted in line with constitutional provisions. 

"In line with the requirements under Article 168 (7) (b) of the Constitution and the Second Schedule to the Judicial Commission Act, the Tribunal shall continue to inquire into the matter expeditiously and without compromising the Hon. Judge’s right to due process and a fair hearing," the statement read.

Chitembwe is being probed by the Tribunal over alleged gross misconduct and abuse of office.

Charges against him emanated from a series of videos unleashed by former Nairobi Governor Mike Sonko in November 2021 adversely implicating the judge in corruption.

Following the claims, Sonko filed a petition at the Judicial Service Commission seeking his removal from office.

He filed another petition urging the commission to investigate the conduct of the judge. 

Former President Uhuru Kenyatta on May 18, 2022 suspended the judge and appointed a tribunal to investigate him over the allegations.

Uhuru acted on the strength of a petition of the Judicial Service Commission.

He said the petition contained grave allegations of gross misconduct, which erode the faith of Kenyans in the fair administration of justice.

Hearing of the matter commenced on September 19, 2022.

"The decision of the Tribunal with regard to the ongoing inquiry shall be delivered in public on a date fixed for that purpose but no later than fourteen days after the conclusion of the proceedings," the Tribunal said.

In the viral videos posted on social media, Sonko alleged that Chitembwe received bribes to make judgments in favour of the bribers.

The judge denied the accusations saying the videos were edited and manipulated to malign his name.

"I believe in God, I'm not insisting that I have to remain in the Judiciary but I will not be pushed to step aside because of false allegations,” he said during an interview on KTN News on November 24, 2021.

The Tribunal investigating him is chaired by Justice Mumbi Ngugi and its members include lawyer Fred Ojiambo, justices Abida Aroni and Nzioki wa Makau, lawyer Ochieng Oduol and Lydia Nzomo.

Kimani Kiragu is the lead counsel assisted by senior assistant DPP Gitonga Riungu and lawyer Edward Nyang’au.

Mbiuki, the secretary for legal and legislative affairs in the Executive Office of the President and Yamo, the secretary administration from the same office are the joint secretaries of the Tribunal.

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