Mentioned Chitembwe fails in bid to overturn his sacking as choose

Excessive Courtroom Choose Mentioned Juma Chitembwe. FILE PHOTO | NMG

Former Excessive Courtroom choose Mentioned Juma Chitembwe has didn’t overturn his sacking on the Supreme Courtroom after a bench of 5 judges of the apex courtroom dismissed his enchantment.

The highest courtroom upheld his removing as a choose in February saying the proof offered earlier than the tribunal appointed to research his conduct rightly established that his conduct was in breach of the Code of Conduct and Ethics and likewise amounted to gross misconduct or misbehaviour opposite to Article 168(1) (b) and (e) of the Structure.

The previous choose had protested towards the usage of video and audio recordings, which had been covertly recorded by former Nairobi governor Mike Sonko.

He argued that the recordings contravened his proper to privateness.

A Bench of 5 judges of the Supreme Courtroom presided by Justice Mohammed Ibrahim, nonetheless, mentioned the recordings didn’t contravene his proper to privateness and their admission as proof didn’t render the inquiry earlier than the Tribunal detrimental to the administration of justice.

On the allegation of being tricked within the recordings by his family and acquaintances, the courtroom mentioned even within the absence of the recordings, there was unbiased and direct proof of individuals who had been current and took part totally within the recorded dialog. 

“These current testified as to who they had been and what their engagements had been in several sectors of the economic system. None of them was a authorities agent or an enforcement officer and due to this fact the allegation lacked foundation,” the courtroom mentioned. 

Learn: Uhuru suspends Chitembwe, appoints tribunal to probe him

A choose may be faraway from the workplace over lack of ability to carry out the capabilities of workplace arising from psychological or bodily incapacity, breach of a code of conduct prescribed for judges, chapter, incompetence or gross misconduct or misbehaviour.

Mr Chitembwe, who was appointed a choose of the Excessive Courtroom on April 2, 2009, was eliminated in February after a tribunal appointed by President Uhuru Kenyatta, to research his conduct, beneficial his sacking. 

The recordings surfaced when Chitembwe was serving as a choose of the Civil Division in Nairobi in 2021.

The choose later appeared in a TV interview on November 18, 2021, and made numerous concessions and admissions.