On May 19, 2022, Retired President Uhuru Kenyatta tasked the 12-member tribunal to investigate allegations against Justice Juma Chitembwe. On May 4, 2022, the Judicial Service Commission (JSC) approved his removal from office, and Uhuru suspended him.
However, Chitembwe has moved to the Supreme Court to appeal his ouster as the Lady Justice Mumbi Ngugi-led tribunal recommended. According to the petition filed on Tuesday, February 14, Chitembwe argued that he disagreed with the decision to remove him. P.W. Wena and Company Advocates represented the High Court judge.
“The tribunal unanimously found that judge Chitembwe breached the Constitution while discharging his duties,” Justice Ngugi stated. The other members of the tribunal that found Chitembwe guilty include lawyer James Ochieng’ Oduol, Senior Counsel Fred Ojiambo, Labour Relations Court Judge Nzioki wa Makau, and High Court judge Abida Ali Aroni.
Chitembwe argued that his conduct was in line with the Constitution as opposed to the tribunal’s findings. He intends to appeal to the Supreme Court against the whole decision. “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.
On Tuesday, February 7, 2023, President William Ruto confirmed receiving the recommendations from the special tribunal, adding that he would 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.