Two judges have come under the spotlight after they were adversely mentioned in the report of a tribunal that recommended the sacking of High Court judge Juma Chitembwe over gross misconduct.
The 250-page report compiled by the Justice Mumbi Ngugi-led tribunal contained damning allegations against the two judges, whose identity was not disclosed.
Yesterday, Chief Registrar of the Judiciary Anne Amadi said the Judicial Service Commission (JSC) would decide on their fate.
“A decision will be made once the report has been reviewed formally,” said Ms Amadi, who is also the JSC Secretary.
Asked whether and when the JSC would take action, Ms Amadi said timelines had not been set because “the schedules are a bit tight for us for now”.
The report, released on February 7, 2023, indicates that the two unnamed judges were involved in bribery schemes in Mombasa, Malindi and Nairobi.
One case involved a Sh305 million property succession dispute at the High Court in Malindi, Kilifi County, while the other dispute revolved around a Sh100 million lawyer’s fee note.
In the Malindi case, the report indicates Justice Chitembwe stated that a sum of Sh30 million was to be delivered to one of his colleagues, who had stepped in for him and delivered the judgment in the succession case.
Former Nairobi governor Mike Sonko testified that the unnamed judge was not part of the deal and was not aware of plans to bring in another judge.
He testified that he was not privy to that arrangement and that that information was only conveyed to him by Justice Chitembwe.
According to the report, Justice Chitembwe also insisted on having some money taken to his house in dirhams and dollars.
In the Nairobi case, the report indicates that another unnamed judge demanded Sh5 million from Mr Sonko to conclude a Sh100 million legal fees dispute pitting the former governor’s friend against a lawyer.
Justice Chitembwe was to get Sh1 million from the deal, which was struck at a meeting held in Mr Sonko’s office in Upper Hill Nairobi.
A man identified as Mr Faruk had reportedly sought Mr Sonko’s help in resolving the legal fees dispute.
According to evidence adduced by Mr Sonko, Justice Chitembwe’s proxy, Amana Jirani, called the judge asking him to engage the unnamed judge presiding over the fees dispute and prevent any ruling in favour of the lawyer.
The report indicates Justice Chitembwe said his colleague was demanding Sh5 million to conclude the legal fees case, while he would take Sh1 million.
On Mr Sonko’s impeachment case, it is alleged that two judges had accepted an undisclosed amount of money, which they wanted Mr Sonko to double.
Mr Sonko testified that he sent his proxy Winny Korir to Justice Chitembwe’s house to deliver Sh3 million “because the judge had indicated he urgently needed it”.
