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Briefing on the ongoing inquiry; The tribunal to inquire into the conduct of Hon. Justice Said Juma Chitembwe Judge of the High Court of Kenya
THE TRIBUNAL TO INQUIRE INTO THE CONDUCT OF
HON. JUSTICE SAID JUMA CHITEMBWE
JUDGE OF THE HIGH COURT OF KENYA
05.10.2022
BRIEFING ON THE ONGOING
INQUIRY
Following a Petition by the Judicial Service Commission relating to
allegations of gross misconduct by the Hon. Mr. Justice Said Juma
Chitembwe, Judge of the High Court of Kenya, His Excellency President
Uhuru Kenyatta, pursuant to the provisions of Article 168 (5) of the
Constitution, appointed a Tribunal to inquire into the conduct of the Hon.
Judge vide Kenya Gazette Notice No. 5540 of 18th May 2022.
The Tribunal, comprises of Hon Lady Justice Mumbi Ngugi as the
Chairperson and Dr. Fred Ojiambo, SC; Hon Lady Justice Abida Ali
Aroni; Hon Justice Nzioki wa Makau; James Ochieng Oduol; Lt. Gen.
(Rtd) Jackson W. Ndungu and Dr. Lydia Nzomo as Members, who took
their oaths of office on 25th May 2022 before the Hon. Chief Justice.
The Tribunal held its inaugural meeting on 25th May 2022 to
discuss the preliminary matters necessary for the just and expeditious
conduct of the inquiry, including the preparation and publication of the
Tribunal’s Rules of Procedure.
Page 2 of 2
As required by law, the Tribunal prepared and Published its Rules of
Procedure vide Kenya Gazette Notice No. 6608 of 8
th June 2022. The
Rules were submitted to Parliament on even date for its consideration as
provided for under the Statutory Instruments Act.
Thereafter, a Status Conference was held on 25th July 2022 for
the purposes of confirming the Hon. Judge’s representation, exchange of
documents and his election as to the nature of the proceedings. The Hon.
Judge elected for private proceedings. The matter was mentioned on
5
th September 2022 at which mention the matter was confirmed as ready
for hearing.
Hearing of the matter commenced on 19th September 2022 and is
ongoing. Paragraph 19 of the Second Schedule to the Judicial Service
Commission Act requires that the decision of the Tribunal with regard to the
ongoing inquiry shall be delivered in public on a date fixed for that purpose
but no later than fourteen days after the conclusion of the proceedings.
In line with the requirements under Article 168(7)(b) of the
Constitution and the Second Schedule to the Judicial Commission Act, the
Tribunal shall continue to inquire into the matter expeditiously and without
compromising the Hon. Judge’s right to due process and a fair hearing.
SARAH YAMO JASPER MBIUKI
TRIBUNAL JOINT SECRETARIES
