Former High Court Judge Said Juma Chitembwe has become a focal point of judicial controversy in Kenya embroiled in allegations of corruption, gross misconduct, and ethical violations that would ultimately cost him his position on the bench.
In 2021, shuttered cameras and leaked recordings sent shockwaves through the legal system.
The recordings, released by former Nairobi Governor Mike Sonko, suggested that Judge Chitembwe was involved in manipulative discussions regarding property disputes and court case outcomes raising red flags about his impartiality and integrity.
Reacting swiftly, the Judicial Service Commission (JSC), chaired by Chief Justice Martha Koome, recommended forming a tribunal to investigate the allegations under Article 168 of the Constitution.
President Uhuru Kenyatta then appointed a tribunal led by Lady Justice Mumbi Ngugi, which found Chitembwe guilty of gross misconduct affirming that his actions breached the Constitution and judicial ethical standards.
Judge Chitembwe challenged this finding, appealing to the Supreme Court in early 2023.
In a unanimous decision delivered on December 28, 2023, the Supreme Court dismissed his appeal, affirming both the tribunal’s misconduct ruling and recommendation that he be removed from office.
Beyond the scandal of the property deals, Chitembwe’s reputation had earlier suffered due to a controversial judgment in 2016.
He acquired infamy when he overturned a 20-year sentence for defilement, arguing that the complainant “behaved like an adult” a ruling widely condemned as insensitive and harmful to legal protections for minors.
Throughout the fallout, Chitembwe maintained his innocence, accusing Sonko of revenge and manipulated evidence.
Nevertheless, the compelling evidence, including audio and video recordings upheld by the courts, made his removal inevitable.
Chitembwe’s removal is a rare and visible demonstration of Kenya’s institutional safeguards in action affirming that even high-ranking judicial officers are accountable under the rule of law.
By Naiorbi