UPDATE Tuesday, February 7: President William Ruto has confirmed receiving recommendations from a special tribunal that categorically asked him to initiate the removal of Justice Said Chitembwe by a declaration.
"The tribunal unanimously found that judge Chitembwe breached the Constitution while discharging his duties," noted Justice Ngugi.
While confirming the receipt of the tribunal's report, Ruto confirmed that he will comply with the applicable laws and the constitution.
"I want to remind Kenyans that there are mechanisms to take care of any situation where someone is believed to have acted in contravention of the law while discharging public duties," President Ruto confirmed.
The tribunal investigating High Court Justice Said Chitembwe on Tuesday, February 7, recommended his removal from office.
Chitembwe was accused of gross misconduct and duly subjected to investigations by a tribunal that was formed via a gazette notice dated May 18, 2022.
The findings of the tribunal were first presented to President William Ruto on Tuesday, February 7, according to reports.
Members of the tribunal included appellate judge Mumbi Ngugi, lawyer James Ochieng’ Oduol Senior Counsel Fred Ojiambo, Labour Relations Court judge Nzioki wa Makau and High Court judge Abida Ali Aroni among others.
The 12-member team head by Lady Justice Mumbi Ngugi probing the embattled judge was appointed by former President Uhuru Kenyatta on Thursday, May 19, 2022, when the then Head of State suspended him (Chitembwe).
He was suspended following recommendations by the Judicial Service Commission (JSC) that approved his removal from office on May 4, 2022.
“Upon consideration of the petition of the Judicial Service Commission, together with its annexures, His Excellency has suspended Justice Chitembwe Judge of the High Court of Kenya, from office with immediate effect,” reads the notice from former President Uhuru Kenyatta at the time.
The 12-member team conducted a nine-month inquiry and returned a guilty verdict against the High Court Judge.
The tribunal was chaired by Lady Justice Mumbi Ngugi, while other members included Senior Counsel Kiragu Kimani who served as lead counsel assisted by Edward Omotii Nyang’au and Joseph Gitonga Riungu.
The membership of the tribunal also included Justices Nzioki wa Makau, Abida Ali Aroni, Senior Counsel Fred Ojiambo, Lt. Gen. (Rtd.) Jackson W. Ndung’u, James Ochieng’ Oduol, and Dr Lydia Nzomo.
While Jasper M. Mbiuki and Sarah Yamo served as joint secretaries to the tribunal that made recommendations for the removal of Justice Chitembwe.
In early May 2022, the Judicial Service Commission wrote to the former Head of State asking him to form a tribunal that would investigate the Judge.
"Accordingly, the Commission resolved to send the Petition to His Excellency the President for his further action in accordance with article 168(4) of the Constitution," Chief Justice Martha Koome noted.
Judicial Service Commission assured both Justice Chitembwe and his accusers that the Judiciary was committed to dispensing justice to all.
"The JSC considered the report of the panel on the petition initiated by the commission on its own motion and is satisfied that the petition discloses grounds for the removal of Chitembwe," the statement read in part.
He got into trouble after a viral video shared by former Nairobi Governor Mike Sonko depicted him as part of the Judicial criminal syndicate that corruptly obtained money from Kenyans.
However, the Judge denied involvement in corruption and accused former Governor Sonko of manipulating the videos to foster a false narrative.
