Ruto Acts After Receiving Report Recommending Chitembwe's Removal
Chitembwe was suspended on May 18, 2022, by former President Uhuru Kenyatta
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UPDATE: President William Ruto has announced that he will take action on the recommendations of the tribunal which asked him to initiate the removal of suspended High Court Judge Said Juma Chitembwe.
He spoke after he received a report of the findings of the tribunal that was formed to investigate the conduct of Chitembwe. The chair of the tribunal, Justice Mumbi Ngugi said it found the judge guilty of gross misconduct.
"The tribunal unanimously found judge Chitembwe breached the Constitution while discharging his duties," said Justice Ngugi.
President Ruto thanked the tribunal for expediting its work, noting that leadership comes with responsibility and accountability and adding that the Constitution remains the guiding principle for all those who have been given the responsibility to serve Kenyans.
"I want to remind Kenyans that there are mechanisms to take care of any situation where someone is believed to have acted in contravention of the law while discharging public duties," said President Ruto, adding that "I will do what the Constitution expects of me."
The tribunal probing High Court Judge Justice Said Juma Chitembwe has recommended his removal from office.
Chitembwe was suspended on May 18, 2022, by former President Uhuru Kenyatta who appointed a 12-member tribunal to probe allegations of gross misconduct against the judge and determine his suitability.
The recommendation came after the findings of the tribunal were presented to President William Ruto on Tuesday afternoon, February 7 at State House in Nairobi.
President William Ruto receives a report by Justice Mumbi Ngugi on the findings of the tribunal that recommended the removal of Justice Said Chitembwe from office. /TWITTER.OLIVER MATHENGE
The tribunal was formed following a recommendation by the Judicial Service Commission (JSC) that Justice Chitembwe is removed from office over leaked videos that depicted him in a scheme to compromise an active court case.
"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 at the time.
Lady Justice Mumbi Ngugi was selected to chair the tribunal, while the lead counsel was Senior Counsel Kiragu Kimani assisted by Edward Omotii Nyang’au and Joseph Gitonga Riungu.
Other tribunal members were Justices Nzioki wa Makau, Abida Ali Aroni, Senior Counsel Fred Ojiambo, Lt. Gen. (Rtd.) Jackson W. Ndung’u, James Ochieng’ Oduol, and Dr Lydia Nzomo. Jasper M. Mbiuki and Sarah Yamo served as joint secretaries.
"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," a Gazette notice on the tribunal read in part.
According to the Constitution of Kenya, upon receiving a petition from the JSC on the removal of a judge, the president shall within 14 days suspend the judge and form a tribunal to probe the allegations levelled against him.
Chitembwe was thrown into the fire following a bold expose by former Nairobi Governor, Mike Sonko through videos and photos that had claimed that the judicial officer allegedly received bribes on cases before him.
In the videos, Sonko recorded a meeting with the Judge's brother soliciting and receiving a bribe on behalf of the Judge. The video would become the topic of discussion across social media platforms and the mainstream media.
However, Chitembwe would later deny being involved in corruption and accused Sonko of using the videos to propagate a false narrative.
Justice Said Chitembwe Speaking During an Interview on Wednesday, November 17, 2021. /KTN NEWS
