- A 12-member tribunal appointed by President Uhuru Kenyatta in May last year has today recommended Chitembwe’s removal from office.
- The tribunal found the six allegations being lack of impartiality, lack of integrity, lack of accountability, and lack of professionalism among others were proved.
Image: CHARLENE MALWA
A pair of spectacles and a wristwatch built with hidden cameras have cost embattled Judge Said Chitembwe his career.
A 12-member tribunal appointed by President Uhuru Kenyatta in May last year has today recommended Chitembwe’s removal from office.
The tribunal found the six allegations being lack of impartiality, lack of integrity, lack of accountability, and lack of professionalism among others were proved.
The electronic evidence supporting the allegations levelled against Chitembwe was recorded by Former Nairobi Governor Mike Sonko’s aide-Francis Wambua Kivuva.
They formed part of the evidence that recommended his removal from office.
Chitembwe however has a window period of 10 days to appeal against the recommendations of the Tribunal.
If he fails to, President William Ruto will subsequently act on the tribunal's recommendation and fire him.
The gadgets Kivuva used were an eyewear video recorder (spy glasses) and a DV Auto IR wristwatch.
The videos famously identified as ‘Sonko leaks’ emanated from these gadgets.
The recordings went viral last in 2021 after Sonko posted on his Facebook page and Twitter accounts a series of recorded telephone conversations and video records dubbed ‘the rot in the Kenyan judiciary’.
Kivuva has been Sonko’s assistant for more than 15 years.
He has been running his private businesses. Recording the meetings that took place at Judge Chitembwe’s house on 9 and 10 July was one of them.
Kivuva testified before the tribunal on October 3 last year. He gave information with regard to two meetings held at Chitembwes house in Mountain View Estate along Waiyaki Way.
The meetings lasted between two to three hours each day.
They were attended by Sonko, the Judge, and his proxy Amana Said Jirani among others.
Kivuva testified that they all sat in the same room and discussed ownership of a parcel of land in Kwale.
Image: PCS
The land had been the subject of succession proceedings in Malindi High Court where Chitembwe was the Judge.
The Judge discussed with Sonko and other parties how he would be compensated through his proxy-Jirani for his role in the transaction involving the Kwale land.
The recordings also point to the Judge meeting with Sonko at his private residence and advising him on the possible grounds of appeal against a decision in which he upheld his impeachment.
Chitembwe in the recording is advising Sonko to pursue an appeal on grounds of lack of quorum at the senate and public participation.
These are the issues the Tribunal said tainted Chitembwe's integrity as a Judge.
Chitembwe had claimed the visits to his residence and the recordings were a scheme to entrap him for ruling against Sonko.
But the Judge said chitembwe failed to demonstrate this aspect.
“It is evident that the purpose of the meetings was to discuss transactions and not entrap the Judge. The tribunal finds the claim of entrapment has no basis,”
The details of what transpired at Chitembwe’s house were captured in more than 10 videos
Asked why he attended all meetings concerning the subject properties while equipped with recording gadgets, Kivuva said “it was out of curiosity as I wanted to understand why the Judge would covertly deal with the subject properties through a proxy”.
He denied having premeditation to record the meetings but admitted that he recorded some conversations involving Sonko without his knowledge.
The gadgets were surrendered to DCI for forensic examination. But he maintained that the recordings were raw and had not been altered or tampered with.
The Judge had challenged the electronic evidence supporting the allegations saying they were inadmissible.
He claimed the recordings by Kivuva were not recorded by spectacles as alleged and that they were edited to bring out Sonko's narrative in line with his revenge mission against the Judge.
He questioned the integrity of the gadgets saying they were modified to suit sonko's alleged revenge narrative.
This was dismissed by the Tribunal on grounds that chitembwe did not provide evidence to support the same.