NAIROBI, Kenya July 23 – The High Court has issued an order prohibiting the Director of Public Prosecution and the Inspector General of Police from investigating arresting or charging Justice Aggrey Muchelule.
Justice Julius Ngaah said pending the hearing and determination of an application for judicial review, no action should be taken against the judge.
The court further directed that the application be served upon the DPP and Inspector General of Police Hillary Mutyambai to enable them file their responses within seven days.
The Director of Criminal Investigations (DCI) George Kinoti has disclosed that High Court judges Muchelule and Said Juma Chitembwe are 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.
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.
The move by the DCI to investigate the two judges has elicited mixed reactions, with the Judges and Magistrate’s Association filing an application 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.
On his part Haji, denied that his agency sanctioned the arrests.
“Contrary to reports by LSK blaming the DPP for the arrest, the DPP is not aware of circumstances which led to the arrest or questioning of two judges neither has his office received any investigation files concerning them. In the event the file (s) is presented to the ODPP for advice, the DPP will direct as appropriate,” he stated.
But in a rejoinder, DCI Kinoti 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.
He is currently serving in the Civil Division of the High Court at Milimani.
The two judges have since obtained orders halting any further action against them until their case is heard and determined.
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