Supreme Court Confirms Removal of Chitembwe Over Gross Misconduct

It is the end of the road for former High Court judge Said Chitembwe after Supreme Court dismissed his appeal implicating him in corruption.

In his appeal, Justice Chitembwe had argued against recommendation for his removal from office after former Nairobi Governor Mike Sonko released video clips and cell phone recordings implicating the judge in corruption.

The apex court said evidence presented before the tribunal appointed to investigate his conduct established that his conduct was in breach of the Code of Conduct and Ethics and also amounted to gross misconduct or misbehaviour contrary to Article 168(1) (b) and (e) of the Constitution.

Read: Embattled Justice Chitembwe To Appeal Ouster Recommendation

“The Tribunal’s finding that the Petitioner’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 is affirmed,” the five judge bench ruled.

On the allegation of being tricked in the recordings by his relatives and acquaintances, the court found that there was evidence showing that those in the recordings were present and fully participated.

“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,” the Apex Court ruled.

Read Also: Tribunal Recommends Removal of Justice Chitembwe

Chitembwe was removed from office in February after a tribunal recommended his ouster.

The former judge was sacked while serving as a judge of the Civil Division in Nairobi in 2021.

He was appointed a judge of the High Court on April 2, 2009.