Judge denies Sh8m fraud

Kakamega- based judge Said Juma Chitembwe was on Tuesday arraigned in court on charges of fraud.

Mr Justice Chitembwe, who was appointed a judge of the High Court in April this year, denied fraudulently making payment of Sh8 million to a law firm during his tenure as the National Social Security Fund (NSSF) corporation secretary.

After spending some time at the court’s basement cells, Mr Justice Chitembwe walked out a freeman after paying cash bail of Sh500,000 to secure his release.

The court, meanwhile, issued a summons against his co-accused and former managing trustee of NSSF, Ms Rachel Khavaya Lumbasyo. She was ordered to appear in court on January 6 and plead to the charges against her.

Stabbing motorist

The arraignment of Mr Justice Chitembwe brings to three the number of judges who have been charged in court, while in office. The first to be charged was Mr Justice Samuel Oguk in 2003, but who bargained his way out by resigning.

When Mr Justice Oguk quit the bench in 2003, the main charge facing him was that he had fraudulently obtained money from a former receiver manager of the then Grand Regency Hotel.

Justice G.B.M. Kariuki was charged in October last year with stabbing a motorist, but was freed a year later, for lack of evidence.

The judge enjoyed all the privileges of his office while the trial was going on, but he did not preside over cases.

On Tuesday, Mr Justice Chitembwe was accused of fraudulently making payment of Sh8,071,724 from NSSF to a law firm for services not adequately rendered.

The firm M/S Kipkenda, Lilan & Co. Advocates was allegedly contacted to sell five plots near Laico Regency Hotel, formerly Grand Regency hotel, belonging to NSSF.

When asked to answer to the charge, Mr Justice Chitembwe said: “Not true your honour.”

Mr Chitembwe also faces an alternative charge of abuse of office. It is alleged that on or about July 7, last year, while employed in the public service, he improperly conferred a benefit on the said law firm by paying out Sh8 million for services not rendered adequately.

Deputy director of public prosecutions Oriri Onyango hinted that more charges would be preferred against the judge and Ms Lumbasyo and that more people would be arraigned in court after the AG evaluated evidence against them and found that it was overwhelming.

Mr Onyango said the AG was not opposed to the judge’s release on bail provided he is in court whenever required.

Mr Onyango, however, asked senior principal magistrate Lucy Nyambura to consider the “gravity of the offence” while granting bail.
‘Officer of the court’

Defending Mr Justice Chitembwe, Mr Anthony Lubulela said the charges yet to be preferred were irrelevant and asked the magistrate to treat each special circumstance, putting in mind that the man before her was an “officer of the court”.

“Which surety can be better than the judge himself in this country?” he asked.

Ms Nyambura ordered the judge be released on either parting with Sh500,000 in cash of producing a bond of Sh500,000 with a surety. The case will be mentioned on January 6.