Suspended High Court Judge Juma Chitembwe has moved to the Supreme Court to challenge a tribunal’s recommendation of his removal from office over gross misconduct.
The judge wants the decision set aside and for him to be allowed to resume duty.
He is dissatisfied with the entire decision of the Justice Mumbi Ngugi-led tribunal, dated February 7, 2023. The notice has been filed by his lawyers, P.W Wena & Company Advocates.
The 12-member tribunal unanimously made the recommendation to President William Ruto after Judge Chitembwe was found guilty of four out of six allegations of misconduct, levelled against him by his employer, the Judicial Service Commission.
He was found guilty of acquiring a proprietary interest in a land parcel in Kinondo, Kwale county, which was subject of a succession case pending before him, breaching the Judicial Service Code of Conduct for judges.
“There is sufficient evidence to prove that the judge acquired an interest over land parcel No.Kwale/Galu Kinondo/779 through his relative and proxy, Mr Amana Saidi Jirani,” the tribunal said in its findings.
In the second charge, Justice Chitembwe was found guilty of discussing the withdrawal of a case at the Court of Appeal in Malindi.
The discussion took place at his residential home in Mountain View, Waiyaki Way, Nairobi, with people including Jane Mutulu Kyengo, former Nairobi Governor Mike Sonko, Jimmy Askar and Amana Saidi Jirani. The case was between Pacific Frontiers Seas Limited and Ms Kyengo.
During the meeting, they discussed the sale of the land in Kinondo for his personal benefit and the withdrawal of an appeal challenging his verdict on the property. The appeal had been filed against his own judgment.
“The judge grossly misconducted himself by advising the parties on the procedure to be followed to have an appeal which was filed against his own judgment withdrawn, and promising to discuss the matter with other judges and judicial officers who were handling the said appeal,” said the tribunal.
Thirdly, the judge grossly misconducted himself by presiding over a bench in the impeachment case while being known and closely associated with Mr Sonko, one of the petitioners in the matter.
Justice Chitembwe also held a meeting with Mr Sonko, during which he offered legal advice on the viability of an appeal and the proposed grounds of appeal, against the judgment that upheld his impeachment.
The genesis of his tribulations are videos leaked by Mr Sonko in 2021, after he lost a bid to recapture the city governor seat.
The videos depicted the judge in a scheme to compromise an active court case involving property succession in Kwale County.
The misconduct charges stemmed from his participation in a television interview on November 18, 2021, where he admitted that the former governor was known to him and was his relative.
Mr Sonko was one of the parties in a case heard and determined by a three-judge bench in relation to his impeachment as Nairobi governor. Justice Chitembwe was the presiding judge on the bench.
“The judge grossly misconducted himself by presiding over a bench whilst being known and closely associated with Mr Sonko, one of the petitioners,” the tribunal said in its report.
The judge failed to disclose this information to the chief justice, his colleagues on the bench and other parties in the matter.
