The Judicial Service Commission JSC today found that the petition filed for the removal of Justice Said Chitembwe has merit and forwarded his name to the president for action.
As a result of this action, President Uhuru Kenyatta will now form a tribunal to investigate Chitembwe’s conduct and if found guilty his career in the Judiciary will come to a halt.
The judge has been accused of impropriety and gross misconduct after a series of scandals spanning a years.
For example in 2009, he was arrested by the Kenya Anti Corruption Commission over fraud of kes1.37 billion and abuse of power. However he was acquitted when the court declared he had no case to answer.
In 2017, Chitembwe released 24 year old Martin Charo who had defiled a minor saying that the 13-year-old was a willing participant in the sex and, therefore, set him free. Martin had previously been sentenced to 20 years imprisonment for having sex with a minor. Chitembwe’s decision to let him go went viral with many across the world criticizing his ruling.
Chitembwe recently unsuccessfully contested the Chief Justice position which fell vacant following the retirement of Justice David Maraga. The position went to Justice Martha Koome, becoming the first female to be at the helm of the judiciary.