- The electronic evidence supporting the allegations leveled against Chitembwe was recorded by former Nairobi Governor Mike Sonko’s aide-Francis Wambua Kivuva.
- He has accused Sonko of being behind his downfall through what he terms stage-managed video and audio recordings.
Image: FILE
Suspended High Court Judge Said Chitembwe has been given until tomorrow to complete filing the required appeal documents challenging his ouster.
The matter was mentioned today to confirm compliance but Chitembwe through his counsel Peter Wena pleaded with the court for an extension of time owing to the voluminous documents.
Supreme Court Registrar Bernard Kasavauli subsequently directed him to complete the filing by close of business tomorrow and granted the Attorney General 14 days to file their responses in the case.
The matter he said will be mentioned on March 27, to confirm compliance.
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 after being 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 leveled 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 Sonko while being known and closely associated with the ex-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 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.
He 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.
