The Judicial Service Commission (JSC) has recommended the removal of Justice Said Chitembwe from office over gross misconduct.
In a statement on Wednesday, JSC determined that a petition filed for Justice Chitembwe’s removal from office on the grounds of gross misconduct and impropriety presented sufficient grounds for his removal.
JSC further explained they settled on the decision after the panel tasked with considering the Petitions had completed its work and had submitted its report to the full Commission for consideration.
“At its meeting of 27th 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 statement reads in part.
According to JSC, the petition has now been sent to President Uhuru Kenyatta for further action.
The recommendation by JSC comes after four petitions were filed by former Nairobi Governor Mike Sonko, Francis Wambua, Imgrad Geige, and David Leboo Ole Kilusu, who sought to have the judge removed from office for gross misconduct.
The Commission then constituted a panel chaired by Chief Justice Martha Koome to investigate allegations of corruption against the Judge.
In a rebuttal, on December 8th, the embattled High Court Judge moved to court to bar his removal from office by the JSC.
High Court refused to grant orders to prevent JSC from hearing the petition noting that the application by Chitembwe was based on allegations that he was not given sufficient time to respond to accusations levelled against him.
Justice Hedwig Ong’undi further noted that Chitembwe had not shown any violation of the law to make the court grant his request.