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What did the court decide?

Said Juma Chitembwe

Kenyan lawyer who served as a judge of the High Court of Kenya.

Latest ruling source 28 Dec 2023Docket checked 26 Oct 20264 sources

  1. Question

    What did the court decide?

  2. Where it stands

    FinalWhere it stands

    2 cases recorded. Most recent: Said Juma Chitembwe v Tribunal Appointed to Investigate into the Conduct of the Hon. Justice Said Juma Chitembwe, Judge of the High Court (SC Petition E001 of 2023) (final).

  3. Detail

    Said Juma Chitembwe v Tribunal Appointed to Investigate into the Conduct of the Hon. Justice Said Juma Chitembwe, Judge of the High Court (SC Petition E001 of 2023)

    Final
    Court
    Supreme Court of Kenya (Ibrahim, Wanjala, Njoki, Lenaola, Ouko SCJJ)
    Case number
    SC Petition E001 of 2023
    Filed
    15 Feb 2023
    Parties
    Said Juma Chitembwe (appellant) v. the Tribunal and others including the Judicial Service Commission

    What was claimed

    Appeal against the tribunal's findings, contending the allegations were not proved to the required standard, did not amount to gross misconduct, and that the recordings were inadmissible.

    What the court decided

    28 December 2023: appeal dismissed; the Court affirmed that his conduct amounted to gross misconduct contrary to Article 168(1)(b) and (e) and affirmed the tribunal's recommendation that he be removed from office.1 2 3

    Tribunal Appointed to Investigate the Conduct of the Hon. Justice Said Juma Chitembwe

    Decided
    Court
    Tribunal appointed under Article 168 of the Constitution
    Filed
    17 May 2022
    Parties
    Inquiry into Justice Said Juma Chitembwe on a JSC petition; underlying petitions included one by former Nairobi governor Mike Sonko

    What was claimed

    Alleged gross misconduct: lack of impartiality and non-disclosure of a relationship with a litigant (Mike Sonko), lack of integrity, corrupt practices, advising a litigant on pending matters, and conduct unbecoming of a judge, based partly on recordings released in November 2021.

    What the court decided

    Hearings held in camera from 19 September 2022 to 25 January 2023; the tribunal presented its report to President William Ruto in February 2023 (reported 8 February 2023), finding the allegations proved and recommending his removal for gross misconduct.1 2 4

  4. Judgments and reports

    1. SecondaryBlow to Chitembwe as Supreme Court dismisses appealThe Star · 28 Dec 2023
    2. SecondarySupreme Court rejects judge Chitembwe's appeal challenging recommendation for his removalCitizen Digital · 28 Dec 2023
    3. PrimarySaid Juma Chitembwe v Tribunal ... (SC Petition E001 of 2023) (Judgment) (28th December 2023) - case listingSupreme Court of Kenya · 28 Dec 2023
    4. SecondaryIgnore tribunal on Chitembwe, former CS Echesa tells RutoThe Star · 8 Feb 2023

Legal status: Public Figure Record Verified

Docket note

26 Oct 2026 Published after review.

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