NAIROBI, Kenya, Nov 23- The Judicial Service Commission (JSC) has set up a panel to consider petitions seeking the ouster of High Court Judge Said Juma Chitembwe over allegations of impropriety and gross misconduct.
Chitembwe has been the subject of a series of graft allegations unleashed by former Nairobi Governor Mike Sonko who was impeached. Sonko through a series of viral videos has linked top lawyers, judges, and state officials in a web of alleged corruption cartels ‘denying Kenyans justice.’
JSC Monday ordered that the petitions be formally served on the judge, upon which he has 14 days to respond to allegations of corruption and presiding over a succession property matter he had a direct interest in.
Chief Justice Martha Koome, said JSC has written to Chitembwe to respond to allegations of impropriety and gross misconduct filed against him by two petitioners.
In one of the petitions filed by Imgard Beige and David Leboo ole Kilusu, Chitembwe is accused of judicial misconduct and incompetence, bias, malice, and ineptitude, for using his position as a judge to influence the outcome of a succession land matter he had a personal interest in.
The panel is required to make recommendations to JSC as to whether or not the judge has a case to answer, upon which the commission will then recommend to the president to set up a tribunal to investigate the judge.
The judge’s fate will be determined in line with Article 168 of the Constitution that outlines the process of removing a judge from office.
“I am just an individual and I was not born in the Judiciary. I am Muslim and if your risk is finished you will go. I believe in God, I am not insisting that I have to remain in the Judiciary but I will not be pushed to step aside because of false allegations,” he said during an interview on KTN News on Wednesday.
Justice Chitembwe who was vetted for the position of Chief Justice in April 2021 has accused Sonko of pursuing a personal vendetta against him.
In July, Chitembwe alongside Judge Aggrey Muchelule were picked up from their offices by detectives from the Directorate of Criminal Investigations, after they were implicated in a corruption-related incident.
During the incident, Justice Chitemmbwe was found with Sh7 million in his pocket.
In an affidavit filed at the High Court through the law firm of Otieno Okeyo, the Judge denied any involvement in fraud, saying him being found with dollars should not be suspect.
“As a family, we have kept a dollar account under my wife’s name for over three years and as such, it is not unusual or suspect for me to have US dollars in my possession as is proposed by the police,” said Chitembwe.
He explained that the dollars in question were in his pocket and he voluntarily surrendered them to the police although he intended to use the cash to pay for his son’s school fees in Perth Australia.
The incident happened on July 22, 2021.
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