It is the end of the road for former High Court Judge Said Juma Chitembwe after the Supreme Court rejected his bid to overturn his sacking over gross misconduct.

A five-judge bench of the apex court presided by Justice Mohammed Ibrahim unanimously upheld the decision of the tribunal which had been formed to investigate him.

According to the judges, the evidence presented established his conduct was in breach of the Code of Conduct and Ethics and also amounted to gross misconduct or misbehaviour contrary to Article 168(1) (b) and (e) of the Constitution.

Justice Chitembwe had challenged the tribunal’s findings which recommended his removal from office claiming it relied on stage managed video recordings by the former Nairobi Governor Mike Mbuvi Sonko.

The five supreme court judges however ruled that though the video and audio recordings were covertly recorded, they were recorded by participants in the conversations.

“The Court finds that the audio and video recordings produced did not contravene the petitioner’s right to privacy under Article 31 and their admission into evidence did not render the inquiry before the Tribunal detrimental to the administration of justice,” ruled the judges.

Justice Chitembwe through lawyer Peter Wena had argued that the Tribunal erred in law and fact by failing to hold that the video and audio recordings were inadmissible for having been obtained in a deliberate scheme of entrapping him.

The five judges however dismissed that allegation finding that the recordings were procured by Chitembwe’s relatives and acquaintances, and even in the absence of the recordings, there was independent and direct evidence of persons who were present and participated fully in the recorded conversation.

The tribunal which was chaired by Court of Appeal Judge Mumbi Ngugi had found the Judge grossly misconducted himself by presiding over a bench which heard the impeachment proceedings against former Nairobi Governor Mike Mbuvi Sonko while he was closely associated with him.

The Tribunal was formed after the Judicial Service Commission on May 4 last year, sent a petition to the then President Uhuru Kenyatta to investigate conduct of the judge over leaked video footage by former Nairobi Governor Mike Mbuvi Sonko, which showed the judge discussing how to compromise a case.

Sonko had exposed the Judge in an amateur video, receiving a bag full of money from a female lawyer for the purpose of defeating justice.

In the expose, a man alleged to be George Kariuki and believed to be the Deputy State House Comptroller, claims to have been sent by “State House” to convince Chitembwe not to stop Sonko’s impeachment.

The video showed the events leading to Sonko’s impeachment and Chitembwe’s alleged involvement in fraudulent dealings in his chambers.