• According to Article 168(8) of the Constitution, Chitembwe has ten days to appeal the decision of the tribunal if he feels aggrieved by its findings.
• In a statement, State House spokesperson Hussein Mohammed said it will act on the findings after the lapse of the period prescribed by law for Chitembwe to appeal.
President William Ruto will act on the recommendations of the tribunal that recommended the removal of Justice Said Chitembwe after the lapse of the appeal period.
According to Article 168(8) of the Constitution, Chitembwe has ten days to appeal the decision of the tribunal if he feels aggrieved by its findings.
"A judge who is aggrieved by a decision of the tribunal under this Article may appeal against the decision to the Supreme Court, within ten days after the tribunal makes its recommendations," the law says.
In its report released on Tuesday, the tribunal said that the allegations made against Justice Chitembwe by the Judicial Service Commission (JSC) were proven having considered all evidence tendered and the applicable laws.
"The allegations of the breach of conduct prescribed for Judges of the Superior Courts and gross misconduct or misbehaviour contrary to Article 168(1)(b) and (e) of the Constitution respectively were established to the required standard of proof," the Justice Mumbi Ngugi-led tribunal said.
In a statement, State House spokesperson Hussein Mohammed said it will act on the findings after the lapse of the period prescribed by law for Chitembwe to appeal.
"In accordance with Article 168(7) (b) of the Constitution, the recommendations of the tribunal are binding on his excellency the president. Accordingly, the head of state and government will, subject to the appeal timelines provided pursuant to Article 168(8) as read with Article 168(9) of the Constitution, take the appropriate presidential action upon the lapse of the applicable timelines," Mohammed.
This means should Chitembwe fail to appeal the tribunal's findings and recommendations, Ruto will remove him as a judge by February 17.
The tribunal to investigate the conduct of Justice Chitembwe was formed on May 22, 2022 by then President Uhuru Kenyatta after claims of bribery were levelled against the judge.
It followed a series of videos that were released by then Nairobi Governor Mike Sonko and showed the judge had solicited for a bribe to rule in favour of a complainant in a land case.
The tribunal consisted justices Mumbi Ngugi as the chairperson, Fred Ojiambo, Justice Abida Ali Aroni, Justice Nzioki wa Makau, James Ochieng, Rt Gen. Jackson Ndung'u and Dr Lydia Nzomo as members.
Jasper Mbiuki and Sarah Yamo were appointed as joint secretaries to the tribunal, Kiragu Kimani as lead counsel while Edward Nyang'au and Joseph Gitonga acted as Assistant Counsel.