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
Record history
26 Oct 2026 Record published and reviewed.
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