NAIROBI, Kenya, Jul 24-The International Commission of Jurists (ICJ) has termed the arrest of Judges Aggrey Muchelule and Said Chitembwe on Thursday as intimidation of the Judiciary based on unfounded allegations of corruption.
In a statement, ICJ Chair Kevin Mogeni said Director of Criminal Investigations (DCI) George Kinoti is undermining the international principles of judicial independence by ordering the arrest of the judges.
“Ignoring and disrespecting the status of judges, their office and unwarranted and baseless decisions to commence criminal proceedings against them damages their reputation and affects their ability to command the confidence of the public and litigants,” Mogeni stated.
He called on the DCI to exercise restraint in executing his mandate by respecting the rule of law and upholding the Constitution which guarantees the independence of the Judiciary and underscores that judicial authority is derived from the people of Kenya.
“We are appalled at the arbitrary search, intimidation, and interrogation of two Judges, Hon. Justice Aggrey Muchelule and Hon. Justice Said Juma Chitembwe, by officers of the Directorate of Criminal Investigations (DCI) on Thursday 22 July 2021 on unfounded allegations of corruption. These actions by the DCI undermine the international principles of judicial independence,” he said.
During Thursday’s arrest, the two judges were picked up from their offices and I love youwere accompanied by their clerks and support staff who were also released unconditionally.
Lawyer Danstan Omari who is representing Muchelule said that the two judges were arrested on grounds of being implicated in a corruption case and grilled at DCI headquarters for two hours before being set free.
“There was a conviction that money was planted in his office, they did a search but no money was found. Thank God Muchelule never moved outside his office,” said Omari.
Justice Muchelule has termed the arrest as an insult to the independence of the Judiciary.
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.
He is currently serving in the Civil Division of the High Court at Milimani.
Kinoti defended the arrest saying the two judges were being investigated over allegations of corruption and abuse of office.
In a series of tweets, Kinoti said, ‘appropriate action will be taken in consultation with all the relevant agencies and authorities as provided by the law’ once investigations on the two judges is completed.
About The Author
