Nov 28, 2021

Mawazo Writing Africa

Writing about the main

JSC on the spot for failing to act on petition against Juma Chitembwe

The Judicial Service Commission (JSC) was aware of the judge’s allegations for at least two months after a petition was filed in September. During the two months, the petition was largely ignored, apart from a confirmation sent by the JSC to the petitioner, and never served on the judge.

“All I can say is that the law should run its course. The petition has yet to be served on me. I will voluntarily submit to the JSC, ”the judge told the Sunday Nation when asked for comment.

Read: Judge Juma Chitembwe devastates Sonko videos

In In her statement following the spread of In the Videos, Chief Justice Martha Koome never referred to the existing petition. “The Chief Justice has taken legal notice of the reports in the media … The Judicial Service Commission will meet to discuss the matter …” she said.

Her office has dismissed our inquiries advised that the JSC will prioritize the matter and that the petition will form the basis for any decision to be taken.

When the State of Justice Report was released last week, President Uhuru Kenyatta gave a speech read on on his behalf by Attorney General Kihara Kariuki accused judges of protecting their own from scrutiny.

“How can the judiciary have the moral authority to preside over corruption cases when it differs its own from the standards of the Accountability that excludes them? to others? “asked the President.” How are we to win this war as a nation when a full third of the government is not ready to face the rotting in their ranks? “

” Much is observed, that maybe judicial officers preach drinking water instead of drinking wine, and demanding a standard from others that they do not want to apply to themselves, ”the President noted.

Land Transfer

The Law Society of Kenya was also active in the JSC’s case to take up Justice Chitembwe’s case are completely detrimental to the status and conduct of a judicial officer and requires urgent investigation before public trust in the judiciary is completely eroded, “said Secretary Mercy Wambua.

Le sen: JSC to discuss claims against Judge Said Chitembwe, says CJ Martha Koome

Mr Chitembwe’s videos and current issues arise from a succession case he was leading while in Lamu Has. The petitioner stated that the judge directed the estate dispute when he had an interest in the property in Kwale County. The land was on behalf of a company in which both the widow and the late husband held shares. However, the husband transferred his shares to the widow before he died in December 2014.

Almost a year after his death, another woman applied for an administrative letter on the deceased’s assets and was duly issued in October 2015. With Upon approving the letter, the court also transferred the property that was on behalf of the widow’s company, which led her to contest the decision.

At the appeals court, where the widow moved in hopes of justice , Judges Daniel Musinga, Gatembu Kairu and Agnes Murgor said on October 8th that they are withdrawing from the appeal, the hearing of which closed on February 27th, 2020. The judges withdrew on the basis of an article in the Sunday Nation of September 12, “which discussed the High Court’s decision on the appeal.”

“It has been alleged, among other things, that it was video – and audio recordings of a High Court judge discussing compromising members of that bank and how to terminate or influence the outcome of the appeal. In the circumstances, we have a deliberate view that, in any way whatsoever, the court’s decision should be misinterpreted as if it was influenced by the unnamed Supreme Court judge for and on behalf of one of the parties to the appeal, ”they said Judge.

In the meantime, the judge, who is based in the civil department in Milimani Nairobi, has been performing his duties normally amid the serious allegations against him. On Wednesday, one day after the first video was posted, the judge was handling 22 cases. On Thursday, when more video clips were released, the judge directed 17 cases.

Additional coverage from Richard Munguti