The Supreme Court of Kenya has announced its decision to uphold the tribunal’s ruling on the removal of Justice Said Chitembwe due to gross misconduct. The apex court emphasized that in the context of removal proceedings, it is not mandatory to substantiate every accusation against Justice Chitembwe, as the tribunal had already found evidence supporting all six allegations.
A panel of five judges, led by Justice Mohamed Ibrahim, underscored that the evidence presented during the tribunal’s investigation unequivocally established Chitembwe’s breach of the Code of Conduct and Ethics. The bench further articulated that Chitembwe’s actions amounted to gross misconduct or misbehavior, in violation of Article 168(1)(b) and (e) of the Constitution.
The Supreme Court’s ruling reaffirmed that gross misconduct or misbehavior constitutes serious grounds for the removal of a judge. The judges stressed the imperative for judicial officers to adhere to elevated ethical standards in order to maintain the trust and confidence of the public. They highlighted that the Code of Conduct, derived from the constitutional provisions, mandates judges to uphold the judiciary’s integrity and avoid any semblance of impropriety.
Chitembwe’s ousting stemmed from a petition filed at the High Court in February 2023, where the embattled judge contested the tribunal’s recommendation to dismiss him for gross misconduct to no avail. The Judicial Service Commission (JSC) initiated the proceedings against Chitembwe in November 2021, following former Nairobi Governor Sonko’s release of incriminating video and phone recordings implicating the judge in corrupt activities, which Chitembwe vehemently denied, labeling it a witch hunt.
Former President Uhuru Kenyatta suspended Justice Chitembwe on May 19, 2022, and constituted a seven-member tribunal, led by Justice Ngugi, to probe the alleged misconduct. The tribunal, after commencing its sittings on September 19, 2022, concluded its investigations on February 7, 2023, affirming Chitembwe’s unsuitability for the position and recommending his dismissal to President William Ruto.
The Supreme Court’s validation of the tribunal’s decision marks a significant milestone in upholding judicial ethics and accountability within Kenya’s legal system.
