AG asks court to dismiss Chitembwe tribunal appeal

Friday, March 24th, 2023 04:30 | By
Attorney General nominee Justin Muturi. PHOTO/Courtesy.

Attorney General Justin Muturi has asked the Supreme Court to dismiss an appeal filed by suspended High Court Judge Said Chitembwe saying the tribunal formed to investigate him properly recommended his removal from office.

The AG in response to the appeal filed by the suspended Judge claims that the Tribunal rightly determined that his actions amounted to gross misconduct and were in breach of the Constitution and the Code of Conduct and Ethics to warrant his removal from office.

Judicial Service Commission (JSC) on May 4 last year sent a petition to the then President Uhuru Kenyatta to form a tribunal to investigate conduct of the judge over leaked video footage by former Nairobi Governor Mike Mbuvi Sonko, which showed the judge discussing how to compromise a case.

The tribunal which was chaired by Court of Appeal Judge Mumbi Ngugi found the Judge grossly misconducted himself by presiding over a bench which heard the impeachment proceedings against Sonko while he was closely associated with him.

The Judge through lawyer Peter Wena moved to the Supreme Court to challenge the tribunal’s findings claiming it relied on stage managed video recordings by Sonko.

The AG however in response, claims that the Tribunal’s findings and recommendations were based on admissible and relevant evidence adduced before it and the applicable law.

“The Respondent (tribunal) properly considered the allegations against the Petitioner (Chitembwe) and properly found and determined that all the allegations made against him were proved to the required standard,” claims the AG in court documents.

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