Justice Said Chitembwe has ten days to appeal the decision of the tribunal on the allegations of gross misconduct levelled against him.
In case the Judge for one reason or another fails to appeal, he will risk removal from office on February 17.
This is according to Article 168(8) of the Constitution.
"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," it states.
The tribunal led by Lady Justice Mumbi Ngugi on Tuesday submitted its report to President William Ruto.
It said the allegations made against Chitembwe by the Judicial Service Commission 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."
Ruto, State House spokesperson Hussein Mohammed said, 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 said.
Chitembwe is accused of receiving bribes, following a series of videos released by former Nairobi Governor Mike Sonko.
The release prompted the formation of a tribunal to investigate his conduct on May 22, 2022, by then-President Uhuru Kenyatta.
