Supreme Court Rejects Judge Chitembwe’s Appeal Challenging Recommendation For His Removal
The Supreme Court dismissed a petition submitted by suspended High Court Judge Juma Chitembwe challenging a tribunal’s suggestion to remove him from his position due to severe misconduct.
Chitembwe, represented by his attorney, submitted a petition arguing that the Tribunal did not possess the authority to scrutinize the Judicial Service Commission’s (JSC) actions and failed to maintain the principle of judicial independence during its inquiry into the accusations against him.
Furthermore, the judge under suspension contended that the electronic proof accepted by the Tribunal was acquired illegally. He also stated that the allegations against him hadn’t been adequately substantiated before the Tribunal issuing its recommendations.
On Thursday, the five-judge panel of the Supreme Court declared in its decision that the evidence presented validated Chitembwe’s actions as a breach of the Code of Conduct and Ethics, amounting to severe misconduct and improper behavior.
“The Court found that there was no basis upon which to conclude that the JSC violated the petitioner’s right to fair administrative action, nor did the Tribunal, for rejecting the invitation to interrogate the proceedings before the JSC, for which it had no powers,” ruled the Supreme Court bench.
“The Court cannot find fault in the Tribunal’s conclusion that the petitioner’s conduct divested him of any claim to protection under the principles of judicial immunity. Judicial immunity will only be available for actions or omissions of a judge done or omitted to be done in good faith and the lawful performance of a judicial function.”
The Supreme Court bench also affirmed that the audio and video evidence presented against Chitembwe did not infringe upon his privacy rights, despite his claims.
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“On the allegation of entrapment, the Court found that the recordings were procured by the petitioner’s relatives and acquaintances, and even in the absence of the recordings, there was independent and direct evidence of persons who were present and participated fully in the recorded conversation,” the Supreme Court bench said.
“Those present testified as to who they were and what their engagements were in different sectors of the economy. None of them was a government agent or an enforcement officer and therefore the allegation lacked basis.”
Ex-President Uhuru Kenyatta halted Chitembwe’s role in May 2022 and established a Tribunal to probe the accusations of his wrongdoing.
The Tribunal, chaired by Justice Ngugi, comprised; Senior Counsel Dr. Fred N. Ojiambo, Lady Justice Abida Ali Aroni, Justice Nzioki wa Makau, Mr. James Ochieng’ Oduol, Lt. Gen. (Rtd.) Jackson W. Ndung’u and Dr. Lydia Nzomo.
Before this incident, four requests had been submitted by ex-Nairobi Governor Mike Sonko, Francis Wambua, Imgrad Geige, and David Leboo Ole Kilusu aiming to oust the Judge from their position.
The petitioners accused the judge of being involved in bribery in land disputes that he handled.
The Tribunal presented their findings to President William Ruto on February 7, 2023, with Justice Ngugi stating that: “The tribunal unanimously found judge Chitembwe breached the Constitution while discharging his duties.”
President Ruto thanked the tribunal for expediting its work, vowing to act on its recommendations.
Supreme Court Rejects Judge Chitembwe’s Appeal Challenging Recommendation For His Removal
