Suspended High Court Judge Said Juma Chitembwe has filed an appeal against the 12-member tribunal’s unanimous recommendation to remove him from office for gross misconduct.
The committee that investigated his misconduct was led by Court of Appeal Judge Mumbi Ngugi and delivered its findings to President William Ruto last week.
As a result, Justice Chitembwe was given 10 days to appeal the verdict.
It is in exercise of this ten days constitutional right that Justice Chitembwe filed a notice of appeal.
“TAKE NOTICE that he HONOURABLE MR. JUSTICE SAID JUMA CHITEMBWE being dissatisfied with the decision/findings of the Tribunal appointed to investigate into his conduct delivered to His Excellency the President on 7th February, 2023 the intends to appeal to the Supreme Court against the whole decision/findings that the Judge’s conduct was in breach of the Judicial Service (Code of Conduct and Ethics) Regulations 2020 and amounted to gross misconduct contrary to Article 168(1)(b) and (e) of the Constitution and Recommendation to His Excellency the president, HON. WILLIAM SAMOEI RUTO PHD CGH that the Honourable Judge be removed from office of Judge of the High Court,” reads the Notice of Appeal.
The proposal to remove Justice Chitembwe came after the Judicial Service Commission (JSC) requested that former President Uhuru Kenyatta convene a tribunal to investigate the judge’s misconduct in accordance with the Constitution.
It discovered in its report to President Ruto that the charges against Justice Chitwembe met the required threshold of evidence to remove him from office.
