A city resident has filed a petition at Judicial Service Commission (JSC) seeking to remove Judge Juma Saidi Chitembwe from office.
Francis Wambui contends that Chitembwe’s comments and/or remarks arising from the audio and video tapes which have emerged from the social media touching on Nairobi High Court Constitutional Petition on sonko’s impeachment.
“I have credible information that Mr. Amana Saidi Jirani is a nominee and a relative of Chitembwe Judge,” added Wambui.
He adds that Chitembwe uses Jirani as his agent and proxy in dealings of such nature.
The petitioner adds that he has evidence of telephone conversation between Mr. Mwadumo, Advocate and Honorable Justice Juma Chitembwe when he confirms that he was approached by Lawyer Cecil Miller and Mr. Guyo with regard to the petitions in court and wanted the judge to rule against Sonko.
He adds that Miller in the videos confirms that he was with State House Officials who confirmed that there is no truce and the Honorable and the judge should proceed and fix Sonko.
“Miller confirms that there is no truce and is the same. He claims that he wants to see the judge,” he added.
The petitioner says he has evidence that Majority Leader of the Nairobi City County Abdi Guyo and lawyer Cecil Miller visited Chitembwe at his residence in Mountain View Estate off Waiyaki Way, Nairobi on July 9,2021 and held lengthy discussions touching on the above constitutional Petition.
He adds that Miller was acting at the behest of the Nairobi County Assembly and County Execute Members in a desperate and deliberate bid to have his illegal legal fees paid and by so doing he engaged Amana Saidi who is the nominee and relative of Honorable Justice Juma Saidi Chitembwe.
“Article 168 of the constitution provides for a removal of a judge and provides that a judge of a superior court may be removed from office on grounds of inability to perform the functions of office arising from mental and physical incapacity, “he adds.
The man says a judge can be removed on a breach of code of conduct prescribed for judges of the superior courts by an Act of Parliament, Bankruptcy, Incompetence or Gross Misconduct or Behavior.
The Petitioner states that arising from the video clips which have emerged from the social media wherein the Honourable Justice Juma Saidi Chitembwe who was the Presiding Judge in Nairobi High Court Constitutional Petition No. E425 of 2020 and Nairobi High Constitutional No. E005 of 2021 is heard telling Honourable Mike Mbuvi Sonko that the Judgement they delivered was actuated by coercion, bribery and fraud and the said judgement denudatus any Judgement of reliability and should be set aside on account of that confession.
THAT Nairobi High Court Constitutional Petition No. E425 of 2020 (as consolidated with Petition No. E014 of 2021) involved His Excellency Honourable Governor Mike Mbuvi Sonko & Okiya Okoiti Omtatah as the 1st and the 2nd Petitioners respectively and the Clerk of the Nairobi City County Assembly & Others as the Respondents.
“ His Excellency Honourable Governor Mike Mbuvi Sonko was an interested party in Nairobi High Court Constitutional Petition E005 of 2021 and is the second and the immediate former Governor of the Nairobi City County having been unlawfully, unconstitutionally, illegally, maliciously impeached from office as the sitting Governor by the Senate of the Republic of Kenya on 17th December, 2020,”he added.
He added that he brings this petition in his capacity as a concerned citizen who is gravely concerned about the independence, impartiality, competence and integrity of judicial officers and the quality of the decisions they make.
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