High Court judge Said Chitembwe has failed in his bid to block the Judicial Service Commission (JSC) from investigating him over accusations of bribery.
Justice Chitembwe moved to court seeking to block the inquiry, saying the video recordings, social media posts and phone calls linking him to bribery was obtained without his knowledge and consent. He argued that illegally obtained evidence cannot form the basis for the removal of a judge.
Justice Hedwig Ong’udi, however, ruled that the effect of such an order would mean stopping JSC from carrying out its mandate, without hearing its side of the story.
“The application is based on an allegation that the petitioner was not given sufficient time to respond. That to me is an issue that JSC is able to deal with.
“I have, therefore, not been shown any violation of the law to make this court to grant the prayers sought by the petitioner at this point,” Justice Ong’undi said.
Through his lawyers Patrick Ochwa and Peter Wena, Justice Chitembwe argued that the petition would be rendered useless, if the orders is not granted, because he is required to appear before the JSC on December 14.
He said he was required to prepare his responses in four petitions filed before the Commission seeking his removal as a judge of the High Court, within 19 days.
