Embattled Justice Chitembwe To Appeal Ouster Recommendation

Embattled High Court Judge Said Juma Chitembwe has filed a notice of appeal against the 12-member tribunal’s decision to have him removed from office for alleged gross misconduct.

Last week, President William Ruto received the report from the Court of Appeal Judge Mumbi Ngugi-led tribunal that looked into his conduct.

It concluded that the charges against Justice Chitembwe met the necessary standard of proof.

“In that regard, having found as above concerning the allegations against the Hon. Judge, the tribunal unanimously recommended that Mr. Justice Said Juma, Judge of the High Court of Kenya, ought to be removed from office,” the report read in part.

Read: Tribunal Recommends Removal of Justice Chitembwe

Justice Chitembwe, in his appeal filed by P.W Wena & Company Advocates, has expressed his dissatisfaction with the tribunal’s recommendations.

“TAKE NOTICE that he HONOURABLE MR. JUSTICE SAID JUMA CHITEMBWE being dissatisfied with the decision/findings of the Tribunal appointed to investigate into his conduct delivered to His Excellency the President on 7th February, 2023 intends to appeal to the Supreme Court against the whole decision/findings that the Judge’s conduct was in breach of the Judicial Service (Code of Conduct and Ethics) Regulations 2020 and amounted to gross misconduct contrary to Article 168(1)(b) and (e) of the Constitution and Recommendation to His Excellency the president, HON. WILLIAM SAMOEI RUTO PHD CGH that the Honourable Judge be removed from office of Judge of the High Court,” reads the Notice of Appeal.

In 2022, the Judicial Service Commission asked former President Uhuru Kenyatta to set up a tribunal to look into Justice Chitembwe’s behavior in accordance with the Constitution.

The tribunal comprised of Senior Counsel Kiragu Kimani as Lead Counsel assisted by Edward Omotii Nyang’au and Joseph Gitonga Riungu.

Other tribunal members 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.

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