JSC Recommends Removal of Justice Chitembwe

Justice Chitembwe Said Juma appeared before the JSC for his interview for the position of Chief Justice on May 3, 2021.
Justice Chitembwe Said Juma appeared before the JSC for his interview for the position of Chief Justice on May 3, 2021.
Courtesy JSC

The Judicial Service Commission (JSC) has recommended the removal of Justice Said Chitembwe on the grounds of integrity questions and alleged gross misconduct. 

In a report filed by the Commission on May 4, JSC noted that they had reviewed the petitions against Justice Chitembwe and found he was not fit for office.

The commission has sent its recommendation to President Uhuru Kenyatta for further action.

Justice Said Chitembwe, a shortlisted candidate for the chief justice position
Justice Said Chitembwe, a shortlisted candidate for the chief justice position
Twitter

"The Commission would like to notify the public that the panel constituted to consider the Petitions concluded its work and presented its report to the full Commission for deliberation.

"At its meeting on 27 April 2022, 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 Hon. Mr Justice Chitembwe Said Juma from office, pursuant to the provisions of Article 168 ( 1 ) of the Constitution," the JSC stated.

The constitution stipulates that, upon receiving a petition from the JSC on the removal of a judge, the president shall within 14 days suspend the judge and form a tribunal to probe the allegations levelled against him. 

"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.

"Once again, the Commission takes this opportunity to assure all Kenyans of its commitment to the values of integrity and accountability in the Judiciary," the commission added.

Chitembwe's troubles started after former Nairobi Governor Mike Sonko shared videos and photos where the judicial officer allegedly received bribes on cases before him. 

In the videos, Sonko recorded a meeting with the Judge's brother soliciting and receiving a bribe on behalf of the Judge. The video would become the topic of discussion across social media platforms and the mainstream media.

High court judge Said Chitembwe appears for the Judicial Service Commission (JSC) interviews on April 12 2021.
High court judge Said Chitembwe appears for the Judicial Service Commission (JSC) interviews on April 12 2021.
File

The judge denied the claims and the petitions filed before the JSC was later withdrawn under unclear circumstances. 

Chitembwe had defended himself against the allegations stating that the videos were edited to frame him.  However, the JSC opted to continue with the petition on its own motion.  

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