High Court judge Said Juma Chitembwe has taken action against former Nairobi Governor Mike Mbuvi Sonko regarding the leaked video and audio recordings.
In his application filed in court on Wednesday, December 8, Chitembwe told the court that the videos and audio recordings shared by Sonko on his official social media platforms were illegal as they were done without his knowledge and consent.
He further argued that the dates the videos and audios were recorded cannot be verified. Chitembwe also challenged the purported recorded video conversation between Amana Saidi Jirani and an unidentified person on an unknown date.
In his application, Chitembwe is pushing to have the Judicial Service Commission (JSC) barred from opening investigations based on the recordings from Sonko.
“As a result of this there is no uniform format for conducting of proceedings which is against the rules of the natural justice," he argued.
The judge insisted that he was not pleased with the manner in which JSC has handled the petitions claiming that his rights to a fair hearing had been violated.
”The petitioner is genuinely apprehensive that the JSC reliance on purported audio and video recordings obtained by the 1st respondents in contravention of the constitution will greatly prejudice the petitioner's rights to fair administrative action from the JSC,” Chitembwe insisted.
He also noted that he was given a short period of time to respond to accusations labelled against him adding that the JSC has not forwarded to him any witness statements or list of documents to be relied upon.
This move follows the action taken by JSC to summon Sonko to share details on his expose regarding the judge and other influential individuals.
The commission had set Tuesday, December 14, as the date for the oral submissions in the petitions seeking to ouster him.
Chitembwe was directed to respond to the allegations within 14 days. The hearing will then proceed on a daily basis till JSC gets at the bottom of the matter.
"The Commission further resolved that both Your Lordship and the Petitioners be invited to appear before the Commission for an oral hearing of the Petitions on Tuesday 14th December 2021 at 9.00 am at the JSC Offices at Re-Insurance Plaza Building Podium Floor, Taifa Road and thereafter on a day to day basis until the matter is heard and finalized.
"You are hereby requested to furnish the Commission with any documents that you may wish to rely on during the hearing and a list of witnesses and witness statements (if any), who shall be testifying in support of your Petition," the statement read in part.
The same communication directed the petitioners to present the list of witnesses within 14 days.
One petitioner already withdrew his application leaving two pending the hearing of the case.
