- Ochweri in his court documents says from the finding of the tribunal, it is clear that Sonko was not given a fair hearing.
- The decision he says was compromised and the court should set aside the Chitembwe-led decision delivered on June 24.
Image: FILE
A registered voter from Dagorreti North has petitioned the High Court seeking to have a decision that upheld former Nairobi Governor Mike Sonko’s impeachment reviewed.
Engineer Daniel Ogwoka Ochweri says since suspended judge Said Chitembwe presided over the three-judge bench that okayed Sonko’s impeachment, that decision should be set aside.
A 12-member tribunal appointed by former President Uhuru Kenyatta in May last year found that Chitembwe showed a lack of professionalism and his conduct was unbecoming of a judge.
The tribunal chaired by Court of Appeal judge Mumbi Ngugi found that six allegations levelled against Chitembwe were proved. Among them were advising litigants to withdraw a case that was pending in court and advising Sonko to challenge his ouster.
He advised Sonko on areas that will help him in an appeal challenging his removal as the county chief.
The tribunal summarised in its decision unanimously found the allegations levelled against Chitembwe breached the constitution and the Judicial service code of conduct regulations and amounted to gross misconduct.
The tribunal found his conduct in the Sonko case amounted to lack of impartiality, lack of integrity, lack of professionalism and non-disclosure of conflict of interest.
Ochweri in his court documents says from the finding of the tribunal, it is clear that Sonko was not given a fair hearing.
“As a result, I am apprehensive that the voters of Nairobi county were robbed of an opportunity of enjoying their full rights of having their elected governor serve his full term and having a leader of their choice.”
The decision he says was compromised and the court should set aside the Chitembwe-led decision delivered on June 24.
Also sought is a declaration that the three judge bench presided by Chitembwe was not impartial in their conduct and that Kenyans constitutional rights as voters were violated as a result of the partial decision by the bench in the case.
“In view of the Tribunals finding that Justice Chitembwe lacked impartiality, integrity, professionalism and failed to disclose conflict of interest, it is clear that the parties in the case were not accorded a fair hearing, It is in the interest of justice that this court reviews the judgement delivered by the bench presided over by judge Chitembwe.”
The matter is set to be heard on Tuesday before Justice Hedwig Ong’undi.