Home business Exposed: Said Chitembwe fails in bid to overturn his sacking as judge

Exposed: Said Chitembwe fails in bid to overturn his sacking as judge

Suspended High Court Judge Said Juma Chitembwe has suffered a major blow after the Supreme Court today December 28, 2023, upheld a decision by a tribunal for his removal from office over gross misconduct.

The Supreme Court dismissed Chitembwe’s appeal against the finding by a tribunal which had been appointed to investigate his conduct.

The five-judge bench, which comprised Justices Mohamed Ibrahim, Smokin Wanjala, Njoki Ndung’u, Isaac Lenaola and William Ouko, ruled that Chitembwe had breached the Code of Conduct and Ethics.

“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 court ruled.

The Supreme Court noted that the evidence presented before the tribunal appointed to investigate Chitembwe’s conduct rightly established that his conduct was in breach of the Code of Conduct and Ethics.

The five-bench judge also ruled that the video recordings used as evidence against Chitembwe did not contravene his right to privacy and their admission as evidence did not render the inquiry before the tribunal detrimental to the admission of justice.

Chitembwe had protested against the use of video and audio recordings which were secretly recorded by former Nairobi governor Mike Sonko to implicate him.

Chitembwe was suspended as a High Court judge in February 2023 after a tribunal recommended his sacking.

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However, Chitembwe appealed the tribunal’s findings saying it relied on stage-managed video recordings by Sonko.

Chitembwe through his lawyer Peter Wena faulted the tribunal arguing that it erred in law and fact by failing to hold that the video and audio recordings were inadmissible for having been obtained in a deliberate scheme of entrapping him.

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He claimed that Sonko was on a revenge mission against him as he was a member of the three-judge bench that dismissed the consolidated petitions regarding his impeachment.

Chitembwe alleged that the video and audio clips were modified or edited by Sonko who also coached the parties in the video recordings prior to the recording.

Sonko exposed the judge in an amateur video, receiving a bag full of money from a female lawyer for the purpose of defeating justice.

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