Embattled High Court Judge Said Juma Chitembwe has filed a case seeking to block the Judicial Service Commission (JSC) from hearing petitions seeking his removal from office.
In his application, Justice Chitembwe argued that the viral video and audio recordings released by Former Nairobi Governor Mike Sonko are illegal since they were taken against his consent and knowledge.
At the same time, he challenged the date the recordings were taken saying one cannot verify.
Read More
The embattled judge expressed dissatisfaction with the way the commission handled the three petitions stating that his right to a fair hearing has been violated.
“As a result of this there is no uniform format for conducting of proceedings which is against the rules of the natural Justice.
”The petitioner is genuinely apprehensive that the JSC reliance on purported audio and video recordings obtained by the 1st respondents in contravention of the constitution will greatly prejudice the petitioner's rights to fair administrative action from the JSC,” Chitembwe stated.
He further stated that the 14-days duration, given by Chief Justice Martha, for him to file a response to the petitions is too short.
Chitembwe lamented over failure by JSC to service him with witness documents or a list of documents to be relied upon in his response to the allegations.
The four petitions against him had been scheduled for oral hearing on December 14.
CJ Koome letter to Justice Chitembwe on November 22, sought his response on damning allegations of corruption in Former Governor Sonko's impeachment case among other issues.
"Upon deliberations, the JSC has resolved that the petitions be served upon the honourable judge for his response within 14 days of service," part of the letter read.
