Suspended judge Said Chitembwe will now face a tribunal over allegations of gross misconduct and abuse of office.
President Uhuru Kenyatta on Thursday suspended the judge and appointed a tribunal to oversee the matter.
"It is notified that the President received a petition of the JSC [Judicial Service Commission] on May 5 for the removal from office of Justice Said Chitembwe," a press release said.
President Kenyatta said judge Chitembwe's petition contains grave allegations of gross misconduct, which erode the faith of Kenyans in the fair administration of justice.
The tribunal will be chaired by Justice Mumbi Ngugi and the members include lawyer Fred Ojiambo, justices Abida Aroni and Nzioki wa Makau, lawyer Ochieng Oduol and Lydia Nzomo.
The lead counsel in the tribunal will be Kimani Kiragu who will be assisted by senior assistant DPP Gitonga Riungu and lawyer Edward Nyang’au.
The joint secretaries are Jasper Mbiuki who is the secretary for legal and legislative affairs in the Executive Office of the President and Sarah Yamo, the secretary administration from the same office.
The JSC late last year received petitions seeking the removal of Chitembwe from office.
The commission, on its own motion, also initiated proceedings for the removal of the judge.
A panel was subsequently constituted to scrutinise the petitions. The panel, after concluding its work, presented its report to the full commission for deliberations.
“At its meeting of April 27, 2022, the JSC considered the report of the panel on the petition by the commission on its own motion and is satisfied that the petition discloses grounds for removal of the Judge from office,” JSC said.
The statement does not disclose what happened to the other petitions lodged by Imgrad Beige, David leboo (filed as one) and Francis Wambua, who also sought the removal of the judge from office.
Two others, however, chose to withdraw their petition before the JSC last year.
“I wish to confirm that we have no complaint against the honourable Justice Said Chitembwe," John Wangai and Stephen Ooko said in their letter to JSC.
The JSC sent the petition to President Kenyatta for his further action in accordance with Article 168 (4) of the Constitution.
The President is required, under Article 168 (5), to appoint the tribunal within 14 days after receiving the resolution.
(edited by Amol Awuor)
