Justice Said Chitembwe wants the court to bar the Judicial Service Commission (JSC) from hearing three petitions filed for his removal.
The High Court judge has argued that the video and audio recordings published by former Nairobi Governor Mike Sonko on his various social media platforms were made without his knowledge and consent.
He has also told the court that the dates on the said recordings are unverifiable. He is also challenging the authenticity of a video conversation between his alleged brother, Amana Saidi Jirani and an unidentified person on an unknown date.
Further, the judge has claimed that the JSC is yet to formulate any procedural regulations for the removal of a judge from office.
“As a result of this there is no uniform format for conducting of proceedings which is against the rules of the natural Justice,“ said the judge.
Justice Chitembwe also expressed his dissatisfaction in the manner in which the commission was handling the matter. He told the court that his rights to a fair hearing will be prejudiced.
”The petitioner is genuinely apprehensive that the JSC reliance on purported audio and video recordings obtained by the 1st respondents in contravention of the constitution will greatly prejudice the petitioner’s rights to fair administrative action from the JSC,” court documents read.
He also faulted the commission for giving him 19 days to prepare for the hearing. He also accused the JSC of not forwarding to him any witness statements or list of documents to be relied upon.
The hearings are set to begin on December 14.
Last week, two petitioners seeking for Chitembwe’s ouster withdrew their cases.
John Wangai and Stephen Ooko said they resolved to withdraw the case because the matter had not been handled in accordance with rules of natural justice.
“I wish to confirm that we have no complaint against the honorable Justice Said Chitembwe,” the petitioners said.
“As ardent defenders of the promoting fidelity to the constitution…we have resolved to withdraw the petition.”