Justice Juma Chitembwe moved to the Supreme Court to appeal his ouster as the Lady Justice Mumbi Ngugi-led tribunal recommended.
According to the petition filed at the apex court on Tuesday, February 14, Chitembwe argued that he did not agree with the move to oust him.
“Take notice that he Honourable Justice Said Juma Chitembe, being dissatisfied with the decision/findings of the Tribunal appointed to investigate into his conduct delivered to His Excellency the President on February 7, 2023 intends to appeal to the Supreme Court against the whole decision,” read part of the petition.
P.W. Wena and Company Advocates represented the High Court judge.
Chitembwe argued that his conduct was in line with the Constitution as opposed to the tribunal’s findings.
Lady Justice Mumbi Ngugi, lawyer James Ochieng’ Oduol, Senior Counsel Fred Ojiambo, Labour Relations Court Judge Nzioki wa Makau, and High Court judge Abida Ali Aroni, are among the members of the tribunal that found Chitembwe guilty.
“The tribunal unanimously found that judge Chitembwe breached the Constitution while discharging his duties,” Justice Ngugi stated.
On Thursday, May 19, 2022, Retired President Uhuru Kenyatta tasked the 12-member tribunal to investigate the allegations against Chitembwe.
Uhuru then suspended Chitembwe in line with the Judicial Service Commission (JSC) recommendations that also approved his removal from office on May 4, 2022.
On Tuesday, February 7, 2023, Ruto confirmed receiving the recommendations from the special tribunal, adding that he will comply with the Constitution.
He emphasised that the Constitution stipulates guidelines and mechanisms to deal with individuals accused of contravening the law while conducting public duties.
Source: kENYANS.CO.KE