Police arrest High Court judge as he relaxes in his residence

By Ben Agina

High Court Judge Said Chitembwe was on Monday arrested over claims that he misadvised the NSSF Board over the sale of four plots in Nairobi.

Chitembwe confirmed to The Standard on telephone that an officer with Kenya Anti-Corruption Commission (KACC) came to his residence in Mombasa and asked him to accompany him to Nairobi to answer to some charges. "So

many have called to inquire why I have been arrested. The officer has not told me whether I am under arrest. They claim I misadvised the board of NSSF," said Chitembwe while on board a plane from Mombasa heading to Nairobi.

On Monday, Principal Public Relations and Protocol Officer of KACC Mr Nicholas Simani confirmed that the High Court judge has been arrested and would be arraigned in court this morning.

The charge sheet shows he will be charged at Nairobi Law Courts Number One alongside former NSSF Managing Trustee Racheal Khavaya Lumbasyo.

It reads in part: "On or about July 7, 2008, at the NSSF Building, Nairobi, within Nairobi Province, being persons employed in the public service, to wit, Corporation Secretary and Managing Trustee respectively of the National Social Security Fund, used their respective offices to improperly confer a benefit on M/s Kipkenda, Lilan & Co. Advocates by paying the said firm a sum of Kshs.8,071,724.00 for services not adequately rendered in respect of sale of Kenyatta Avenue plots Nos.LR 209/11412, 209/11331, 209/12220, 209/12219 and 209/12287 belonging to the said National Social Security Fund.

They also face an alternative charge of abuse of office contrary to section 46 as read with section 48 of the Anti-Corruption and Economic Crimes Act, NO.3 OF 2003.

Prior to his appointment as a High Court judge in April this year, Chitembwe was the NSSF Corporation Secretary.

Others appointed were Justice Aggrey Otsyula Muchelule, Lady Justice Florence Nyaguthi Muchemi, Lady Justice Maureen Akinyi Odero and Lady Justice Abida Ali-Aroni.