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Blow to ex-Judge Chitembwe after Supreme Court dismisses appeal in graft case

Former judge Juma Said Chitembwe. (Photo: Kenya Judiciary)

By Dennis Tarus | Thursday, December 28, 2023

The Supreme Court at the same time upheld the gross misconduct finding by the tribunal.

Former judge Juma Said Chitembwe has suffered a setback in his quest to return to office after the Supreme Court dismissed an appeal against a graft conviction by a tribunal that recommended his removal from office.

In a ruling delivered on Thursday, Supreme Court Justices Mohamed Mohamed Ibrahim, Smokin Wanjala, Njoki Ndung'u, Isaac Lenaola and William Ouko upheld the ruling by the tribunal led by Lady Justice Mumbi Ngugi.

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The Supreme Court at the same time upheld the gross misconduct finding by the tribunal.

"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 ruling read.

"The tribunal’s recommendation to the President for the Petitioner’s removal from office under Article 168(1)(e) of the Constitution is hereby affirmed."

The tribunal was formed to determine the allegations of impropriety and misconduct in handling the impeachment case against former Nairobi Governor, Mike Sonko.

Chitembwe argued that his conduct was in line with the Constitution and differed from the findings of the tribunal.

Former President Uhuru Kenyatta had tasked the 12-member tribunal to investigate allegations against Chitembwe on May 19, 2022.

The tribunal formally commenced its sittings on September 19, 2022, and presented its findings to President William Ruto after completing its investigations on February 7, 2023.

It concluded that Chitembwe was unfit for the position and asked President Ruto to dismiss him.