Uhuru suspends Justice Chitembwe to allow misconduct probe

High Court Judge Said Chitembwe has been suspended from the Judiciary over allegations of gross misconduct.

President Uhuru Kenyatta on Thursday suspended the judge and appointed a seven-member tribunal to determine the allegations of impropriety and misconduct in handling the impeachment case against former Nairobi Governor, Mike Sonko.

“The president notes that the petition contains grave allegations regarding the conduct of the judge and further notes that allegations of gross misconduct erode the faith of Kenyans in the fair administration of justice,” read the notice by Head of Public Service Joseph Kinyua.

President Kenyatta, in a gazette notice on Thursday, suspended Justice Chitembwe from office and appointed Court of Appeal Judge Mumbi Ngugi to chair the tribunal to investigate his conduct.

Other members of the tribual are Senior Counsel Fred Ojiambo, Lady Justice Abida Ali Aroni, Justice Nzioki wa Makau, lawyer James Ochieng' Oduol, Lt. Gen. (Rtd) Jackson Ndung’u and Dr Lydia Nzomo.

Senior Counsel Kiragu Kimani will serve as the lead counsel assisted by Joseph Riungu and Edward Nyang’au, while Jasper Mbiuki and Sarah Yamo will be the joint secretaries.

With the tribunal in place, it will be a make-or-break situation for the judge, who has been in the eyes of a storm on many occasions but has overcome and lived to continue his duties at the High Court.

According to Article 168 of the Constitution, the judge will be suspended from office until the tribunal makes a finding on whether to recommend his sacking or reinstation.

Justice Chitembwe was first suspended from the Judiciary in 2009 after he was charged with conspiracy to defraud the National Social Security Fund (NSSF) more than Sh1.3 billion but was reinstated in October 2011 after being acquitted.

He was again in another controversy last year when he was arrested alongside Justice Aggrey Muchelule over claims that they were planning to receive a bribe to influence the outcome of a case. Detectives recovered USD7,000 (Sh770,000) which he said was his son’s school fees.

The Judicial Service Commission on May 5 recommended to the president to suspend him after being satisfied that there were sufficient grounds of misconduct to remove him from office.

JSC was investigating three petitions which had accused the judge of impropriety in handling a succession dispute while serving at the Malindi High Court and the impeachment case against Sonko.

Sonko in his complaints alleged that Justice Chitembwe mishandled his case as a result of land dispute where the judge swore to teach him a lesson.