Judges' association sues to stop Muchelule, Chitembwe prosecution

Judges association sues to stop Muchelule, Chitembwe prosecution

In Summary

• KMJA claims that unknown individuals stormed their offices without any search warrants.

• Senior Principal Magistrate Derrick Kuto says even though they didn't have warrants, the judges obliged them and allowed their chambers to be searched.

The Kenya Judges and Magistrates Association has moved to court seeking to stop prosecution of Justices Aggrey Muchelule and Said Chitembwe.

Through Lawyer Danstan Omari, KMJA wants the court to bar the police from arresting and charging the two judges pending hearing of their case.

Omari argues that unless the court moves with speed and stops the arraignment and formal charging of the two judges then the independence of the Judiciary will henceforth be threatened with encroachment by the state.

In an affidavit sworn by their secretary general, KMJA claims that unknown individuals stormed their offices without any search warrants on allegations that they had information the judges had received corruption money which was in their chambers.

Senior Principal Magistrate Derrick Kuto says even though they didn't have warrants, the judges obliged them and allowed their chambers to be searched.

"Upon conclusion of the search, the inventory was fully signed on what was recovered which inventory disclosed the alleged bribery money was never found in the chambers," reads court documents.

Kutto says that after the search, the two were arrested and taken to DCI headquarters, where they were grilled for two hours and later released.

"This comes in the wake of pressure that has piled on the president to swear in Justice Muchelule as a court of appeal judge" Kutto argues.