Blow to Chitembwe as Supreme Court rejects his appeal

By Peter Ochieng

Suspended High Court judge Juma Chitembwe on Thursday suffered a major blow, after the Supreme Court threw out his petition challenging removal from office.

Chitembwe filed a petition contesting recommendations of a tribunal that proposed his removal from office, for gross misconduct.

Through his advocates, he claimed that the tribunal lacked jurisdiction to review the Judicial Service Commission (JSC) proceedings, and that it had not upheld the doctrine of judicial independence while investigating the allegations against him.

The five-member Supreme Court bench in its verdict ruled that the evidence presented before the court, substantiated allegations against Chitembwe.

"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," reads the rulling.

"The Court cannot find fault in the Tribunal’s conclusion that the petitioner’s conduct divested him of any claim to protection under the principles of judicial immunity. Judicial immunity will only be available for actions or omissions of a judge done or omitted to be done in good faith and in the lawful performance of a judicial function."

In addition, the suspended judge argued that electronic evidence admitted by the tribunal was obtained unlawfully.

However, the judges ruled that the audio and video recordings presented as evidence against Chitembwe did not violate 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."

"Those present testified as to who they were and what their engagements were in different sectors of the economy. None of them was a government agent or an enforcement officer and therefore the allegation lacked basis," the added.

The tribunal was formed after four petitions had been filed by former Nairobi Governor Mike Sonko, Francis Wambua, Imgrad Geige and David Leboo Ole Kilusu seeking the removal of the judge from office, accusing him of being involved in bribery in land disputes that he handled.

Retired President Uhuru Kenyatta suspended Chitembwe in May 2022 and formed a tribunal to investigate his alleged misconduct.

President William Ruto is expected to effect his removal from office, in the coming days.