NAIROBI, Kenya, Dec 16 – The Judicial Service Commission (JSC) has summoned the Nairobi County Assembly Majority Leader Guyo Abdi Hassan to testify as a witness in a case involving the embattled High Court Judge Said Chitembwe who is accused of corruption.
In a letter dated December 3, JSC Secretary Anne Amadi stated that the commission shall require Hassan to appear in person at the commission offices within seven days of service of the letter to record his statement on the circumstances surrounding the case.
“This is therefore to notify you that pursuant to the provisions of Article 252 1(a) and (3)(b) of the Constitution and Section 42 Part VIII of the Judicial Service Act No. 1 of 2011, the JSC may require your personal attendance to testify as a witness in the aforesaid matter,” Amadi stated.
On November 22, the JSC initiated proceedings against Chitembwe after former Nairobi governor Mike Sonko released video clips, social media posts and cell phone recordings implicating the judge on graft.
Chitembwe dismissed the allegations saying he was unfairly targeted.
Amadi warned that it is an offence for any person to disobey any order made by the Commission or a Committee.
“TAKE NOTICE that pursuant to the provisions of Section 46 Part VIII of the Judicial Service Act No. 1 of 2011, it is an offence for any person to disobey any order made by the Commission or a Committee,” she said.
On November 25, the JSC also summoned Sonko to testify as a witness on videos he posted linking Chitembwe to corruption.
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Several petitions were filed with JSC, including by Sonko’s aide Francis Wambua, all seeking a probe on the judge’s conduct. In his petition, Wambua said the judge should be investigated claiming he received bribes to influence the outcome of cases touching on Sonko.
“That the learned Judge used his office as if it was an enterprise and the receipt of bribes by him enabled him to package judgments specifically for the bribers and this is against the spirit of the Constitution and the law,” Wambua claimed in his petition.
He alleged that the bribes were channeled through the judges’ brother Amana Saidi Jirani.
JSC gave Chitembwe two weeks to respond to petitions.
Chief Justice Martha Koome, who chairs the commission, wrote to the judge on November 22 asking him to file his responses within 14 days.
“Upon deliberations, the JSC has resolved that the petitions be served upon the honourable judge for his response within 14 days of service,” CJ Koome said in the letter to Justice Chitembwe.
Thereafter, she said, the petition and the judges’ response will be considered by a panel that has been set up by the commission.
The video leaks posted on social media by Sonko have raised serious integrity questions on Justice Chitembwe who has downplayed them insisting that they have been edited and manipulated to malign his name.
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