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Judge Chitembwe  Face Suspension As JSC Writes to President

After Judicial Service Commission gave a greenlight yesterday on the removal of High Court judge Said Chitembwe over gross misconduct and abuse of office,  president Uhuru Kenyatta  has fourteen days to constitute a tribunal to further investigate the allegations against Chitembwe.

According to constitutional advocate Shadrack Wambui what follows now is stipulated in Article 168 of  Constitution where a 7 bench  tribunal will be formed by head of state which in turn will come up with recommendations against the judge.

“Article 168 is very clear the president has 14 days from yesterday to constitute a tribunal which will comprise of seven people …three of them must be have qualifications of  a judge ,two must also have vast experience in public service….during this time the president will suspend the judge and he will be on half-pay.. the tribunal will sit and investigate him thereafter come up with recommendations that can be challenged in the supreme court within ten days. If that does not happen after ten days the president will act on the recommendations.” Wambui told Ghetto Radio News.

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“Accordingly, the Commission resolved to send the Petition to His Excellency the President for his further action in accordance with article 168(4) of the Constitution,” CJ Marther Koome said.

“The JSC considered the report of the panel on the petition imitated by the commission on its own motion and is satisfied that the petition discloses grounds for the removal of Chitembewe,” the statement by JSC  reads.

Former Nairobi governor Mike Mbuvi Sonko implicated Chitembwe in a land dispute case before him in which he did not declare  interest.

By Allan Otieno