Fresh bid to kick out Chitembwe from Bench

Thursday, November 25th, 2021 06:52 | By
High Court judge Said Chitembwe Photo/PD/file

A fresh petition seeking removal of embattled High Court judge Said Chitembwe (pictured) over allegations of gross misconduct has been filed at the Judicial Service Commission (JSC).

In the new turn of events , the claimant Francis Wambua claims that from the judge’s conduct he is not fit to serve in the public office due to his alleged corrupt dealings.

In the petition, Wambua accuses Justice Chitembwe of engaging in corrupt deals during the litigation of cases filed by former Nairobi Governor Mike Sonko challenging his impeachment at the High Court.

Wambua now wants JSC to expeditiously determine the petition and then recommend to the President that Justice Chitembwe be removed from the bench for gross misconduct and being a disgrace to the Judiciary.

Public interest
“I pray that the JSC considers this petition as a matter of urgency given the public interest this matter has elicited and forward the same to His Excellency the President pursuant to the provisions of Article 168 (4) of the Constitution recommending to the President to constitute a tribunal to investigate the conduct of the Judge aforesaid,” he says.

The filing of the petition comes barely three days after Chief Justice Martha Koome; who chairs the commission wrote to the judge, asking him to file his responses within 14 days.

Last week, Sonko released video clips portraying the judge as having been compromised to make a particular judgment on the case.
But the judge later refuted the claims, accusing Sonko of being bent on denting his image and career.

“I have no problem. Let the videos go round because they are edited to fit a particular narrative,” he said.

In the petition, Wambua alleges that Chitembwe had requested lawyer Cecil Miller to make arrangements for him to meet President Uhuru Kenyatta to give his nod, in the orders sought by Sonko, who is facing graft related charges.

Wambua also contends that the judge has demonstrated open bias, malice and ineptitude against Sonko when determining the petitions.

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