High Court in Nairobi has permanently barred the Directorate of Criminal Investigations (DCI) from pursuing Court of Appeal judge Aggrey Muchelule following a controversial raid of his former office at Milimani last year.
Justice Jairus Ngaah observed that DCI officer admitted in his court filings that he did not find anything in the office when he raided the place.
“In the second respondent’s inventory, nothing was found at the applicant’s office. The applicant has made case for an order of prohibition. This is allowed with no orders as to cost,” said Justice Ngaah.
Therefore, the police agency cannot investigate, summon, arrest or charge the judges on account of the raid conducted in his chambers over claims of bribery, In the case, Justice Muchelule narrated the ordeal he went through at the hands of DCI officers, stating that some strangers stormed his chambers at the Milimani High Court to carry out a search for an unknown amount of money he allegedly received in suspicious circumstances.
DCI officers raided Justices Muchelule and Said Chitembwe’s offices, acting on a claim that they were to be bribed. While dismissing the claim, Justice Muchelule told the court that investigations against him and Chitembwe were started with an ulterior motive.
He said the search did not yield anything after which the officers arrested him, took him to DCI headquarters, and interrogated him before releasing him.
“Their actions were arbitrary and contrary to the Constitution. Going by their unruly behaviour, they can arrest me again and prosecute me on trumped-up charges,” stated Muchelule.
The judges sued the Director of Public Prosecution as a respondent in the case. However, DPP Noordin Haji distanced himself from their tribulations saying his office was not briefed and notified of any impending investigations against the judges. In his reply, DCI alleged that detectives recovered Sh5.7m from a woman who they claim was to deliver the cash to the two judges.
In a replying affidavit sworn by Chief Inspector Felix Karisa to a suit filed by the judges’ association, the DCI claimed detectives raided Justices Muchelule and Chitembwe’s chambers after a tip-off that they were about to receive a Sh7m bribe.
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“From the onset, we want to put the record straight that the judges were not arrested or harassed as they claim,” swore Karisa.