High Court bars DCI from arresting, charging 2 judges facing graft probe » Capital News

NAIROBI, Kenya, July 24 – The High Court has barred the Director of Public Prosecutions (DPP) and the Director of Criminal Investigations (DCI) from arresting and charging Justices Aggrey Muchelule and Said Chitembwe.

In his ruling Friday, Justice James Makau ordered that no action should be taken against the two judges until a petition filed by the Kenya Magistrates and Judges Association is heard and determined.

“This Honourable Court be and is hereby pleased to issue a conservatory order forthwith restraining the 1st and 2nd Respondents, their agents, servants or assistants from arresting, harassing, arraigning and/or charging the interested parties Justice Aggrey Muchelule and Justice Said Juma Chitembwe until the hearing and determination of this humble Application,” Makau ordered.

Justice Makau further directed that the petition be served upon the DPP Noordin Haji and DCI George Kinoti after which they should respond within 4 days.

The judge further instructed that the matter be mentioned on 29th July 2021 to confirm compliance.

“That the application and the petition be served upon the respondents and the interested parties within the next 4 working days from today. That the matter be mentioned on 29/07/2021 to confirm compliance and for further directions,” he said.

The application by the association arose from the action by the DCI to arrest the two judges Thursday on allegations that the judges received a bribe.

The move by the DCI to investigate the two judges has elicited mixed reactions, with the Judges and Magistrate’s Association terming the action “an attack on the judiciary.”

Chief Justice Martha Koome as well as Director of Public Prosecutions (DPP) Noordin Haji have said they were not formally notified of the move.

Koome, who held a meeting with the two judges on Friday morning, said the action has caused anxiety among judges and judicial officers.

“However, no formal report has been made to me as the Head of the Judiciary or the Chairperson of the Judicial Service Commission,” she stated in a statement to newsrooms.

The two judges were picked up from their chambers Thursday alongside some of their aides and taken in for questioning by detectives before they were freed.

DCI Kinoti has defended the investigation agency against claims it is being used to intimidate members of the Judiciary.

Kinoti explained that his officers were acting on intelligence and engaged the two judges, their drivers and clerks to assist with investigations

“Following allegations of corruption and abuse of office, the DCI acting on intelligence and as guided under Article 244(b) of the Constitution engaged Justice Said Juma Chitembwe, Justice Aggrey Muchelule among other accomplices to assist with investigations,” he explained.

Justice Muchelule was among the four High Court judges whose promotion to the appellate court was rejected by President Uhuru Kenyatta over alleged integrity issues. He is currently attached to the Family Division.

Justice Chitembwe was among judges and lawyers who were interviewed for the position of Chief Justice to succeed David Maraga in April.