Following a Petition by the Judicial Service Commission relating to allegations of gross misconduct by the Hon. Mr. Justice Said Juma Chitembwe, Judge of the High Court of Kenya, His Excellency President Uhuru Kenyatta, pursuant to the provisions of Article 168 (5) of the Constitution, appointed a Tribunal to inquire into the conduct of the Hon. Judge vide Kenya Gazette Notice No. 5540 of 18th May 2022.
The Tribunal, comprises of Hon Lady Justice Mumbi Ngugi as the Chairperson and Dr. Fred Ojiambo, SC; Hon Lady Justice Abida Ali
Aroni; Hon Justice Nzioki wa Makau; James Ochieng Oduol; Lt. Gen. (Rtd) Jackson W. Ndungu and Dr. Lydia Nzomo as Members, who took their oaths of office on 25th May 2022 before the Hon. Chief Justice.
The Tribunal held its inaugural meeting on 25th May 2022 to discuss the preliminary matters necessary for the just and expeditious conduct of the inquiry, including the preparation and publication of the Tribunal’s Rules of Procedure.
As required by law, the Tribunal prepared and Published its Rules of Procedure vide Kenya Gazette Notice No. 6608 of 8th June 2022. The
Rules were submitted to Parliament on even date for its consideration as provided for under the Statutory Instruments Act.
Thereafter, a Status Conference was held on 25th July 2022 for the purposes of confirming the Hon. Judge’s representation, exchange of documents and his election as to the nature of the proceedings.
The Hon. Judge was elected for private proceedings. The matter was mentioned on 5th September 2022 at which mention the matter was confirmed as ready for hearing.
Hearing of the matter commenced on 19th September 2022 and is ongoing.
Paragraph 19 of the Second Schedule to the Judicial Service Commission Act requires that the decision of the Tribunal with regard to the ongoing inquiry shall be delivered in public on a date fixed for that purpose but no later than fourteen days after the conclusion of the proceedings.
In line with the requirements under Article 168(7)(b) of the Constitution and the Second Schedule to the Judicial Commission Act, the Tribunal shall continue to inquire into the matter expeditiously and without compromising the Hon. Judge’s right to due process and a fair hearing.
