A 12-member tribunal that was formed by former President Uhuru Kenyatta has recommended the sacking of suspended High Court judge Said Juma Chitembwe.

The tribunal chaired by Justice Mumbi Ngugi, who is a judge of the Court of Appeal, found that six allegations made against Justice Chitembwe by a number of complainants had been proven.

Among the claims against the embattled judge was advising plaintiffs to withdraw a pending case and advising former Nairobi governor Mike Sonko to challenge his removal from office.

Justice Chitembwe has 10 days from Tuesday to appeal the decision by the tribunal to recommend his removal from the list of judges hence ending his career in the judiciary.

If he does not challenge his removal from office at the Supreme Court, the president will have no option but act on the Tribunal finding and remove his name from the list of judges.

Read More

  1. Ruto unveils Taifa Care under SHA to advance UHC, to settle hospital debts
  2. All macroeconomic indicators point to a positive turnaround - President Ruto
  3. Ruto cancels Adani's Sh334 billion JKIA and KETRACO deals over US indictments

In a 262-page report, the tribunal formed in May 2020 said he showed unprofessionalism and unbecoming conduct against Article 73 of the Constitution and code of conduct and ethics.

“The Tribunal finds, therefore, that the Judge was engaged in the subversion of justice through commenting and advising a litigant on matters pending in court contrary to Article 75(c) of the Constitution, and Regulation 18 of the Code of Conduct and Ethics,” said the Tribunal.


The Justice Ngugi tribunal found that Chitembwe advised Sonko on how to file an appeal against his impeachment by the Nairobi County Assembly that was upheld by the Senate.

Justice Chitembwe was apprehended in 2021 after a trap was set and was found with an equivalent of Sh770,000 in US dollars and was held briefly at DCI headquarters then freed.

Francis Wambua also filed a complaint against the judge claiming he was involved in acts of gross judicial misconduct, including discussing merits of a live court case with third parties.


“The Tribunal finds that the breach by the Judge of these constitutional provisions and the Code of Conduct regulations amount to gross misconduct and misbehaviour under Article 168(1)(e) of the Constitution,” added the tribunal in its report.

A judge can be removed from office on grounds of breach of a code of conduct prescribed for judges, inability to perform the functions of office arising from mental or physical incapacity, incompetence, bankruptcy or gross misconduct.

The tribunal headed by Justice Mumbi Ngugi presented the report to President William Ruto on Tuesday for action.