City lawyer writes to CJ Koome to take over petition against Justice Chitembwe
A city lawyer representing two persons who filed a petition seeking the ouster of Justice Juma Chitembwe from office has written to Chief Justice Martha Koome urging her to take over the case’s proceedings over claims that the Judicial Service Commission (JSC) has been partisan when handling the lawsuit.
According to Job Nyasimi, a lawyer at Nchogu, Omwanza and Nyasimi advocates, the CJ should take charge of the case and handle it in a manner that will ensure justice prevails.
“We request that you take over the petition, prioritize it and deal with it in a manner that justice shall be seen to have been done,” Nyasimi said in the letter.
Nyasimi also accused the JSC of ordering his clients, Imgrard Beige and David Leboo, to appear to court on January 21, 2022 failure to which the petition shall be withdrawn.
“These directions were given on the backdrop of a notice of withdrawal of the petition purportedly filed by the petitioners in their names and behind our back as their advocates representing them,” Nyasimi said.
“We are the ones who lodged the petition on behalf of the petitioners and are therefore their legal representatives. To this minute, we have not been served with a notice for the petitioners to act in persons.”
The lawyer similarly argued that efforts to have the documents removed from the record owing to the fact that they were irregularly filed without any communication from his clients have since been dismissed by the JSC.
“JSC admitted the documents which were not filed by the advocate on record for the petitioners. By ignoring the petitioner’s legal representative, JSC essentially fired the petitioner’s advocate,” Nyasimi argued.
“JSC is in violation of a fundamental principle of law that an advocate is the client’s mouthpiece and the client need not appear when the advocate is present except on the date of viva voce hearing.”
By scheduling to withdraw the petition, Nyasimi said JSC is going against its mandate since the commission is only required to consider the petition and not to order its withdrawal especially since the issue raised is of public interest.