Kenya: Supreme Court Concludes Hearing on Chitembwe's Appeal Against Graft Conviction

5 October 2023

Nairobi — The Supreme Court has concluded the hearing of Justice Said Chitembwe's appeal against a graft conviction by the Justice Mumbi Ngugi-led tribunal that recommended his removal from office.

The court said Thursday it will render its verdict on notice.

The matter arises from a petition filed at the High Court in February 2023 where Chitembwe unsuccessfully contested the tribunal's recommendation to have him dismissed for gross misconduct.

Judicial Service Commission (JSC) initiated proceedings against Chitembwe on November 22, 2021, after Former Nairobi Governor Sonko released video clips and cell phone recordings implicating the judge in corruption.

Chitembwe denied graft allegations claiming witch hunt.

Former President Uhuru Kenyatta suspended Justice Chitembwe on May 19, 2022, and formed a seven-member tribunal to investigate his alleged misconduct.

The tribunal, led by Justice Ngugi, consisted of Senior Counsel Fred Ojiambo, Lady Justice Abida Ali Aroni, Justice Nzioki wa Makau, James Ochieng' Oduol, Lt. Gen. (Rtd.) Jackson Ndung'u and Lydia Nzomo.

The tribunal formally commenced its sittings on September 19, 2022 and presented its findings to President William Ruto after completing its investigations on February 7, 2023.

It concluded that Chitembwe was unfit for the position and asked President William Ruto to dismiss him.

"The tribunal unanimously found judge Chitembwe breached the Constitution while discharging his duties," Justice Ngugi said.

President Ruto, while vowing to " do what the Constitution expects of me," promised to act on the report.

"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 Ruto.

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