Said Chitembwe: Supreme Court Upholds Removal Of High Court Judge From Office Over Gross Misconduct

• Embattled former High Court judge Said Chitembwe had moved to the Supreme Court, contesting the findings of the tribunal that recommended his removal from office
• In their ruling, Supreme Court judges agreed with the findings of the tribunal chaired by Justice Mumbi Ngungi
• The apex court ruled that there was enough evidence to show Chitembwe's conduct was against the judges' code of conduct

Amos Khaemba, a journalist at TUKO.co.ke, brings over three years of experience covering politics and current affairs in Kenya.

Nairobi - The Supreme Court of Kenya has dismissed an appeal by former High Court judge Said Chitembwe, who was contesting his removal from office.

In a ruling delivered on Thursday, December 28, Supreme Court judges ruled that there was enough evidence to prove Chitembwe's behaviour was a violation of the Code of Conduct and Ethics, constituting gross misconduct and misbehaviour.

Why the Supreme Court dismissed Chitembwe's appeal

The five-judge bench agreed with the tribunal's findings led by Justice Mumbi Ngugi, which recommended his removal from office.

"The Court found that there was no basis upon which to conclude that the JSC violated the petitioner’s right to fair administrative action, nor did the Tribunal, for rejecting the invitation to interrogate the proceedings before the JSC, for which it had no powers," ruled the Supreme Court bench.

The Supreme Court bench dismissed Chitembwe's argument that the audio and video recordings presented as evidence against him violated his right to privacy.

"On the allegation of entrapment, the Court found that the recordings were procured by the petitioner’s relatives and acquaintances, and even in the absence of the recordings, there was independent and direct evidence of persons who were present and participated fully in the recorded conversation," the judges said.

Why did the tribunal find Chitembwe unfit to hold office?

As reported earlier, the tribunal had found Chitembwe guilty of soliciting money in cases he presided over.

“The Tribunal finds, therefore, that the Judge was engaged in the subversion of justice through commenting and advising a litigant on matters pending in court contrary to Article 75(c) of the Constitution, and Regulation 18 of the Code of Conduct and Ethics,” the Tribunal said.

Four petitions had been filed by former Nairobi Governor Mike Sonko, Francis Wambua, Imgrad Geige and David Leboo Ole Kilusu, seeking the judge's removal from office.