Judges condemns DCI actions on the arrest of two judges
The Kenya Judges and Magistrate Association has condemned the action by Director of Criminal Investigations (DCI) to arrest two high court Judges.
Justices Aggrey Muchelule and Said Chitembwe 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.
Detectives stormed and searched both offices before taking them to the DCI headquarters for questioning.
The two judges were released after 6pm though the DCI did not reveal their crimes.
The Director of Public Prosecution Noordin Haji denied claims that he ordered the arrest of the two High Court judges by the DCI.
According to Haji, he was not aware of the reason leading to their arrests and questioning, and that his office had not received any files concerning them.
“Contrary to reports by one Eric Theuri, purportedly speaking for LSK blaming the DPP for the arrest, the DPP is not aware of circumstances which led to arrest or questioning of 2 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.
