Justice Said Juma Chitembwe has moved to court to bar his removal from office by the Judicial Service Commission.
Justice Chitembwe through his lawyers, has argued that the video and audio recordings by former Nairobi Governor Mike Mbuvi Sonko on his social media platforms were done without his knowledge or consent.
He also claims that the petitions for his removal from office and the proceedings by JSC under Article 168 (1) and (2) of the Constitution are based on his private conversations obtained without his consent and in violation of his right to privacy as provided by Article 31 (d) of the Constitution and therefore proceeding on the basis on illegally obtained evidence.
”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,” says Chitembwe.
Chitembwe says that the JSC has not formulated any procedural regulations for the determination of removal of a judge from office.
“As a result of this there is no uniform format for conducting of proceedings which is against the rules of the natural Justice,“ claims Chitembwe.
Chitembwe now wants the court to issue orders quashing all the decisions made on the 23rd of last month that resulted in a hearing of the four petitions this month.
JSC has scheduled the three petitions for oral hearing on the 14th of December 2021.
Last week, two Kenyans who recently petitioned the JSC to remove Chitembwe withdrew the petition citing the matter had not been handled in accordance with rules of natural justice.
“I wish to confirm that we have no complaint against the honorable Justice Said Chitembwe,” the petitioners said.
“As ardent defenders of the promoting fidelity to the constitution…we have resolved to withdraw the petition.”
John Wangai and Stephen Ooko had filed the petition on November 17 questioning Chitembwe’s integrity.