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Chitembwe Suspended As Uhuru Forms Tribunal To Probe Misconduct Allegations

Fridah Wangechi | 1 year ago
President Uhuru suspends Justice Said Chitembwe COURTESY
President Uhuru suspends Justice Said Chitembwe COURTESY

President Uhuru Kenyatta has ordered the immediate suspension of Justice Said Chitembwe over the allegations of misconduct as per recommendation by the Judicial Service Commission.

The head of state has also formed a Tribunal led by Justice Mumbi Ngugi to look into his conduct. Jasper Mbiuki and Sarah Yamo  will be assuming the role of joint secretaries while other members include Senior Counsel Fred Ojiambo, Court of Appeal judge Justice Abida Ali Aroni, Justice Nzioki wa Makau, James Ochieng Oduol, Lt. Gen. (Rtd.) Jackson W. Ndungu, Dr Lydia Nzomo, and Senior Counsel Kiragu Kimani. 

"The mandate of the Tribunal shall be to consider the Petition for the removal of Justice Said Juma Chitembwe from office that was submitted by the Judicial Service Commission and to inquire into the allegations therein. 

"In the discharge of its functions, the Tribunal shall: (a) Prepare and submit a report and its recommendations thereon expeditiously; and (b) Exercise all the powers conferred upon it by law for the proper execution of its mandate," the Gazette Notice published on Thursday, May 17 read in part.

This follows a report published by the JSC on Wednesday, May 4 which detailed their findings after a review of the petitions against the judge, and determined that he was unfit to serve in the judiciary.

The commission hence sent their recommendations to the president for further action in accordance with the constitution that stipulates that upon receipt of a petition by the JSC on the removal of a judge, he should within 14 days suspend the judge and form a tribunal to investigate the allegations against him or her.

"The Commission would like to notify the public that the panel constituted to consider the Petitions concluded its work and presented its report to the full Commission for deliberation.

"At its meeting on 27 April 2022, the JSC considered the report of the panel on the petition initiated by the Commission on its own motion and is satisfied that the Petition discloses grounds for the removal of Hon. Mr Justice Chitembwe Said Juma from office, pursuant to the provisions of Article 168 ( 1 ) of the Constitution," the JSC stated.

Chitembwe was accused by the JSC of alleged bribery in succession and land disputes that he handled.

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