Nairobi — The Supreme Court has confirmed the tribunal decision on the removal of Justice Said Chitembwe over gross misconduct.
In its Judgement, the Supreme Court stated that there is no obligation in removal proceedings to prove every allegation facing Justice Chitembwe as the Tribunal found proof in all the six allegations levelled against him.
The Supreme Court said no material has been placed before it to warrant interference with the conclusions reached by the Tribunal.
A 5-bench judge led by Justice Mohamed Ibrahim stated that the evidence presented before the tribunal appointed to investigate Chitembwe's conduct was legally established and that his conduct was in breach of the Code of Conduct and Ethics.
The bench noted Chitembwe's transgression also amounted to gross misconduct or misbehaviour contrary to Article 168(1) (b) and (e) of the Constitution.
"In the end and for all the reasons we have given, this Petition of Appeal fails as we are satisfied with the Tribunal's conclusion that the evidence presented established that the petitioner's conduct was in breach of the Code of Conduct and Ethics and also amounted to gross misconduct or misbehaviour contrary to Article 168(1) (b) and (e) of the Constitution," the bench reasoned.
'Misbehaved'
The apex court affirmed that gross misconduct or misbehaviour as grounds for removal of a judge is an expression of a very serious matter.
"As the old saying goes, the robe magnifies the conduct, meaning judges must be held to higher ethical standards if they are to keep the trust and confidence of the people they serve. The Code of Conduct which was formulated from the provisions of Article 168(1)(b) of the Constitution enjoins judges to preserve the integrity of the judiciary and to avoid even the appearance of impropriety," the judges stated.
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Chitembwe's move to kick him out of office emerged from a petition filed at the High Court in February 2023 where the embattled judge unsuccessfully contested the tribunal's recommendation to have him dismissed for gross misconduct.
Sonko fightback
The Judicial Service Commission (JSC) initiated proceedings against Chitembwe on November 22, 2021, after Former Nairobi Governor Sonko released video and phone recordings implicating the judge in corruption, however, he denied the graft allegations claiming it was a 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.
