The Supreme Court has delivered a decisive verdict, dismissing the petition filed by suspended High Court Judge Juma Chitembwe challenging a tribunal's recommendation for his removal from office on grounds of gross misconduct.
The ruling, issued by a five-member bench, unequivocally affirms the findings of the Tribunal chaired by Justice Ngugi.
Chitembwe's legal challenge contended that the Tribunal lacked jurisdiction to review the Judicial Service Commission's (JSC) proceedings and had failed to uphold the doctrine of judicial independence during the investigation.
Furthermore, he argued that the electronic evidence admitted by the Tribunal was unlawfully obtained, and the accusations against him were inadequately proven.
However, the Supreme Court bench, in its thorough examination of the case, concluded that Chitembwe's conduct indeed violated the Code of Conduct and Ethics, constituting gross misconduct and misbehavior.
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"The Court found that there was no basis upon which to conclude that the JSC violated the petitioner’s right to fair administrative action, nor did the Tribunal, for rejecting the invitation to interrogate the proceedings before the JSC, for which it had no powers," the justices asserted.
The bench further clarified that judicial immunity would only apply to actions performed in good faith and in the lawful execution of judicial functions, a protection Chitembwe could not claim in this instance.
Addressing the issue of electronic evidence, the Supreme Court maintained, "The Court cannot find fault in the Tribunal’s conclusion that the petitioner’s conduct divested him of any claim to protection under the principles of judicial immunity."
Additionally, the Court emphasized that the audio and video recordings presented as evidence did not violate Chitembwe's right to privacy.
On the allegation of entrapment, the Court found that the recordings were procured by Chitembwe's relatives and acquaintances, with independent and direct evidence supporting their authenticity.
"None of them was a government agent or an enforcement officer, and therefore the allegation lacked basis," the bench stated.
Former President Uhuru Kenyatta suspended Chitembwe in May 2022, initiating a Tribunal chaired by Justice Ngugi.
The Tribunal, comprising Senior Counsel Dr. Fred N. Ojiambo, Lady Justice Abida Ali Aroni, Justice Nzioki wa Makau, Mr. James Ochieng’ Oduol, Lt. Gen. (Rtd.) Jackson W. Ndung’u, and Dr. Lydia Nzomo, played a pivotal role in scrutinizing the allegations of misconduct against the suspended judge.
As the Supreme Court upholds the removal of Judge Juma Chitembwe, the legal landscape underscores the judiciary's commitment to maintaining the highest standards of conduct among its members.
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