The Supreme Court has dismissed an appeal by former High Court Judge Said Chitembwe against the findings of a tribunal over a breach of the code of conduct and ethics.
In a ruling delivered on Thursday, a bench of five Supreme Court judges presided over by Justice Mohammed Ibrahim affirmed the recommendations of the tribunal to the president for the removal of the petitioner from office and that the petition be dismissed.
“The Tribunal’s finding that the Petitioner’s conduct was in breach of the Judicial Service (Code of Conduct and Ethics) Regulations 2020 and amounted to gross misconduct contrary to Article 168(1)(b) and (e) of the Constitution is affirmed,” the court ruled.
Additionally, the former judge had protested the use of video and audio recordings, arguing that the recordings contravened his right to privacy. However, the five judges said the recordings did not contravene his rights, and the admission as evidence did not render the inquiry before the tribunal detrimental to the administration of justice.
In his appeal, Chitembwe also alleged that he was tricked into the recordings by close relatives and acquaintances.
“Those presented testified as to who they were and what their engagements were in the different sectors of the economy. None of them was a government official or a law enforcement officer, and therefore the allegations lacked basis,” the court added.
The other four judges include Justice Smokin Wanjala, Justice Njoki Ndung’u, Justice Isaac Lenaola, and Justice William Ouko.
In February 2023, a tribunal formed by former President Uhuru Kenyatta to investigate the alleged misconduct by Chitembwe found him guilty. suspended Justice Chitembwe last year and formed a tribunal to investigate his alleged misconduct.
“The tribunal unanimously found Judge Chitembwe breached the Constitution while discharging his duties,” said Justice Ngugi, the chair of the tribunal.
