Justice Juma Chitembwe has rubbished videos leaked by former Nairobi governor Mike Sonko depicting the High Court judge engaging in arrangements to compromise court cases involving property disputes.
The judge said he would not step aside to pave the way for investigations, as urged by the Law Society of Kenya (LSK) Nairobi Chapter chairperson Eric Theuri.
“I have no problem with anybody because my conscience is clear. The totality of this is anger by Sonko because he is out of office and we cannot encourage someone who has lost to be the one kicking out judges just because he has lost,” said Justice Chitembwe.
In the video clips circulated online, the judge is seen and heard engaging in conversations involving exchange of money to facilitate favourable rulings. The videos show the meetings were held in offices.
One of the clips shows a man claiming to be the judge’s confidant and brother in a meeting with some people talking about payment of Sh100 million.
One person asks the man: “If you are paid the Sh100 million, you are being paid in your capacity as a nominee of Justice Chitembwe on this matter?”
The man says “yes” and proceeds to explain that “the judge is aware of this meeting we are doing now and is aware of each and every step. He is aware of my coming here. He is aware that we are doing a meeting”.
In the clip, the “confidant” calls the “judge” via phone, puts on the mobile phone’s loud speaker and informs him about the deal.
The man confirms receiving Sh3.9 million on behalf of Justice Chitembwe. Other judges are also mentioned by the “confidant” in the conversation.
“I am the one who takes care of the interests of Chitembwe…judge,” the mysterious man states.
But the judge yesterday said the video clips had been edited by Mr Sonko as a revenge following the dismissal of two petitions challenging the nomination and appointment of Nairobi Governor Anne Kannau.
“Those are edited videos and are done for a specific purpose… it is by Sonko and he has come out clear. I had them (videos) three months ago and they circulated in July… it is not my first time to see them. He has edited them further and put some words,” said Justice Chitembwe.
The release of the videos was meant to coincide with Governor Kananu’s swearing-in, he added.
“This is a man who is out to hit back because I dismissed the petition. It was a three-judge bench. We delivered the judgement and went. Those things (videos) were done two weeks after the judgment,” stated the judge.
“The gentleman saying he is my brother, I do not have a brother by that name. That is somebody recruited and the sole purpose..…the core is dismissal of the two petitions against Kananu,” stated Justice Chitembwe.
However, the judge admitted that he knows the man. The two come from the same community in South Coast but have not met in the past three months.
“The man is not my brother, he is not even a distant brother or cousin. We come from a small community called….but there is nothing like him being my brother and I know he was called to be recorded and get some little money,” stated Justice Chitembwe.
On the transaction involving a land in Malindi, Justice Chitembwe said he has no such property.
“(Sonko) is the one buying and he has a title deed in his favour. Those videos were taken in the presence of a consulate of Nepal,” said the judge. The land case is pending at the Court of Appeal.
He further explained that he held a meeting at his home with the consulate and Sonko over a land transaction. He came to know the consulate, Jimmy Askar, when he was working as an advocate in Mombasa.
The judge further claimed Mr Sonko was behind a petition filed at the Judicial Service Commission (JSC) seeking his removal from office over alleged misconduct.
“He is the one who instigated filing of the petition before the JSC. I have not seen the petition myself and I have not been called (by JSC) to respond to it but I know it is there and I was aware because I was called from Malindi and told police officers were looking for the file,” he stated.
Following the circulation of the video clips, the LSK Nairobi branch chairperson gave the JSC an ultimatum of 14 days to investigate Justice Chitembwe and order him to step aside, failing which advocates would storm his office and eject him.
“It is a sad confirmation that judges engage in discussions on how to delay justice. The nature and implication of the allegations call to mind the decision of the President to refuse to appoint judges. They appear to legitimise the President’s decision,” said Mr Theuri.
“These allegations cast doubt on the institution of the Judiciary. JSC must act on its own motion within 14 days. We will march to his chambers and eject him. We can’t participate in proceedings and you are not sure if the other party has compromised the judge,” said Mr Theuri.
But the judge said LSK should allow JSC and the pending court case linked to the allegations to be finalised.
