CJ Koome assures judges of their judicial independence protection after judges’ arrest

Chief Justice Martha Koome has assured judges and judicial officers that the independence of the Judiciary and their constitutional duties are protected by the Constitution.

This comes following the arrest and questioning of High Court judges justices Aggrey Muchelule and Said Chitembwe.

In a statement, Koome said she had been informed of the matter that has since been filed at the High Court.

“I assure all judges and judicial officers that the independence of the Judiciary and their constitutional duties are protected by the Constitution. They should continue discharging their duties without any fear in accordance with their oath of office,” read part of the statement.

Koome noted that no formal complaint has been made to her as head of the Judicial Service Commission on the judges.

Meanwhile, the High Court has given directives prohibiting the Directorate of Criminal Investigations (DCI) and the Directorate of Public Prosecutions (DPP) from detaining or prosecuting Justice Muchelule.

According to the court, Justice Muchelule, was concerned that if the orders were not obtained, he would be arrested on fabricated allegations by the respondents.

“It is the applicant’s case that the respondents’ actions are arbitrary and, at any rate, contrary to the Constitution. He fears that going by the respondent’s unruly conduct, he is likely to be arrested or arraigned on trumped up charges,” High Court Judge Justice Ngaah said.

This comes hours after the Kenya Judges and Magistrate Association has condemned the action by DCI to arrest two high court Judges.

The two judges were arrested on allegations that they were to receive a Sh5 million bribe.

In a filed petition at the constitutional court, the association questioned the motive of the arrest and interrogation which was not explained to them claiming no warrant of arrest or order was issued prior to the incident.

“The due process was not followed, if there are issues, you first inform the JSC not proceed to arrest them. What were the charges? Who was the complainant, these people were arrested and released without bond,” lawyer Danstan Omari said.

Additionally, he argued that the game of the DCI was to get the Judges out of the chambers and then plant money there before conducting the search.