In Summary
- In an affidavit responding to allegations that the DCI received a report alleging that some brokers approached select judges with the intention of obtaining favorable judgments, Justice Chitembwe claims that there is no evidence of the claimed brokers.
- “That as a family we have kept a dollar account under my wife’s name for over three years and as such it’s not unusual or suspect for me to have US Dollars in my possession as its proposed by the DCI,”argues the judge in the affidavit.
- The judge claims that he gave the money to the officers after seeing them conduct a body search on Justice Agrey Muchelule in order to avoid the officers’ misrepresentation.
- He further maintains that the USD 7,000 recovered in his possession was and is his money, and that it was intended for his son’s Australian school fees.
High court judge Said Juma Chitembwe says that he has three dollar accounts and it’s normal for him to carry money in US Dollars.
In an affidavit responding to allegations that the DCI received a report alleging that some brokers approached select judges with the intention of obtaining favorable judgments, Justice Chitembwe claims that there is no evidence of the claimed brokers.
“That as a family we have kept a dollar account under my wife’s name for over three years and as such it’s not unusual or suspect for me to have US Dollars in my possession as its proposed by the DCI,”argues the judge in the affidavit.
The judge claims that he gave the money to the officers after seeing them conduct a body search on Justice Agrey Muchelule in order to avoid the officers’ misrepresentation.
He further maintains that the USD 7,000 recovered in his possession was and is his money, and that it was intended for his son’s Australian school fees.
According to the affidavit, Justice Chitembwe had custody of the funds since July 20 this year because he was unable to transfer the funds straight to his son’s University tuition account as he had requested.
“I was waiting to find time and go to the bank for help and advice on how to transfer the money directly to the university as requested by my son when I was unceremoniously and embarrassed , roughed up and arrested within the court premises fro no crime at all,” says the judge
The judge claims he was never told what crime was being investigated against him, who his accusers were, why his chambers were invaded and searched without a warrant, and why the Judicial Service Commission and Chief Justice were never informed of the purported invasion and unlawful search.
The judge claims that he was ordered in unruly and undignified manner, frog marched by the DCI officer from the high court to the DCI office.
“That I must state that all this time I felt and clearly considered myself under arrest until my release after the recording of the day’s event in the form of a statement, “reads the affidavit
The DCI through Chief Inspector Felix Banzi, had claimed that they recovered $50,000 from an unidentified woman in Justice Aggrey Muchelule’s chambers and a further $7,000 from Justice Said Chitembwe.
In their response, the DCI denied ever arresting the two judges, saying they were only requested to accompany the police to DCI headquarters for purposes of recording statements to assist in investigations.
The Kenya Magistrates and Judges Association (KMJA) through lawyer Danstan Omari obtained orders barring the police from arresting the two judges pending hearing and determination of their case.
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