Said Juma Chitembwe is a common name in Kenya’s Judicial system. He currently works as Nairobi’s High court judge in the civil division.
The 55-year old would now be a court of appeal judge had his nomination been approved by president Uhuru Kenyatta in June 2021.
Justice Chitembwe also tried his luck in the Chief Justice race after the exit of David Maraga but he was defeated by Justice Martha Koome.
The 55-year old pursued a Bachelor’s of Law at the University of Nairobi and graduated in 1990. The following year, he joined the Kenya School of law and later undertook his Masters at the University of Wessex in the UK. In 1994, he founded his Law firm, Said Chitembwe & Co Advocates, in Mombasa.
He was appointed as judge in 2009. He worked in various High courts including Kakamega, Marsabit, Malindi and Migori. Before his tenure as a judge, Chitembwe served as an advocate for the Mombasa High court for some years. He then worked as a secretary for a chemical firm before landing a job at the National Social Security Fund.
Chitembwe’s career is now hanging on a loose rope after the Judicial Service Commission recommended his suspension from office over allegations of gross misconduct and bribery.
JSC has recommended to president Uhuru Kenyatta to form a tribunal that will investigate Chitembwe’s conduct before a final decision is reached.
The judge’s woes follow petitions that were filed last year by Mike Sonko, Francis Wambua, Imgrad Geige and David Leboo Ole Kilusu seeking his removal from office citing bribery in a land case that he handled.
In November 2021, former Nairobi governor Mike Sonko exposed Chitembwe through a series of videos and voice recordings linking him to bribery in a land dispute and that is what led to his current troubles.
His attempts to block JSC from using the clips as evidence against him, arguing that they were obtained illegally, was unsuccessful.
The Judicial Service Commission Press Statement in Response to the Petitions Lodged against Hon. Mr Justice Said Juma Chitembwe. pic.twitter.com/wIMkmvKQ5Z
— Judicial Service Commission Kenya (@jsckenya) May 4, 2022
The same year, Judge Chitembwe was linked to fraud in July. This saw his office as well as that of Justice Aggrey Muchelule get stormed by DCI detectives. Detectives seized $57000 that was found in the judges’ chambers. The two got arrested and questioned for hours before being released.
They were accused of receiving bribes to give favorable judgements in the cases they had been assigned. Chitembwe however said that the dollars were meant for his son’s school fees and had had them 2 days prior to the dramatic incident.
In April 2016, he made a controversial ruling that attracted global attention. Chitembwe acquitted a 24-year old man who had been accused of defiling a 13-year old girl. The judge argued that defilement should not be only limited to age and penetration. He said that the victim willingly participated in the action.
“If those were to be taken as conclusive proof of defilement, then young girls would freely engage in sex and then opt to report to the police whenever they disagree with their boyfriends.
“Where the child behaves like an adult and willingly sneaks into men’s houses for purposes of having sex, the court ought to treat such a child as a grownup who knows what she is doing. The appellant was 23 years old when the incident occurred . . . It would be unfair to have the appellant serve 20 years behind bars yet [the complainant] was after sex from him,” his judgement read.
His judgment was ranked as the worst among 18 other judgements worldwide.
Chitembwe also faced another scandal in December 2009 when he was arrested by anti-corruption detectives over Kshs1.37 billion fraud and abuse of office while he was serving as the corporation secretary at the National Social Security Fund
Three years he was acquitted of the charges against him with the court ruling that he no case to answer, along with former NSSF managing trustee Rachel Lumbasyo
RELATED STORY: Judge Chitembwe Explains Why He Had Dollars That Led To His Arrest In July
