Chitembwe appeal: Court sets mention for May 15

A 12-member Tribunal unanimously recommended his removed from office over gross misconduct.

In Summary

• Supreme Court Registrar Bernard Kasavauli said the Tribunal has until May 15 to file and serve submissions in the matter.

• Chitembwe was found guilty of four of the six allegations of misconduct that were leveled against him by the Judicial Service Commission.

The Supreme Court will on May 15 mention an appeal challenging the removal of suspended Judge Said Chitembwe to confirm parties have filed required documents before the hearing commences. 

Supreme Court Registrar Bernard Kasavauli said the Tribunal has until May 15 to file and serve submissions in the matter. Chitembwe filed his documents Wednesday last week. 

"Because you have been served today, I will give you until 15 may, you should file and serve your submission. On 15th, we will only mention to confirm compliance and for the file to be forwarded for empanelment ," Kasavuli said. 

Chitembwe was probed by a 12-member tribunal chaired by Court of Appeal Judge Mumbi Ngugi which unanimously recommended that he be removed from office.

He was found guilty of four of the six allegations of misconduct that were leveled against him by the Judicial Service Commission.

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.

The tribunal found him guilty of acquiring a proprietary interest in a land parcel in the Kinondo area of Kwale county which was the subject of a succession case pending before him thus breaching the Judicial Service Code of Conduct for judges.

“There is sufficient evidence to prove that the judge acquired an interest over land parcel No. Kwale/Galu Kinondo/779 through his relative and proxy, Mr Amana Saidi Jirani,” the tribunal said in its findings.

The tribunal also found Chitembwe to have grossly misconducted himself by presiding over a bench in the impeachment case of former Nairobi governor Mike Sonko while being known and closely associated with the county chief who was one of the petitioners.

Chitembwe also held a meeting with Sonko during which he offered legal advice on the viability of an appeal and the proposed grounds of appeal against the judgment that upheld his impeachment.

Aggrieved with the tribunal decision, Chitembwe appealed.

He has accused Sonko of being behind his downfall through what he terms as stage-managed video and audio recordings.

"None of the video and audio recordings were done by law enforcement officers and they were therefore inadmissible,” he said.

Chitembwe has faulted the tribunal for failing to find that the video and audio recordings were modified and edited by Sonko who was on a revenge mission.

The recordings, he maintains, were made in violation of his right to privacy.

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