It has now emerged police found Sh6 million in the chambers of Justice Aggrey Muchelule on Thursday last week when they ambushed two judges.
No money was found on judge Muchelule, but Justice Juma Chitembwe was found with $7,000 (about Sh700,000), police said in an affidavit.
A further $50,000 (about Sh500,000) was retrieved from an unidentified woman, the document said.
In an affidavit filed in court on Wednesday, the DCI said both judge Chitembwe and the mystery woman were in Muchelule’s chambers when detectives burst in.
DCI boss George Kinoti has dismissed claims the alleged arrests of Chitembwe and Muchelule were malicious.
Kinoti says it is clear police are undertaking lawful and legitimate investigations into grave allegations related to corruption against some judges after receiving complaints.
“The investigations cannot be claimed by any stretch of the imagination to be an encroachment on the independence of the judiciary,” court documents read.
Kinoti through chief inspector Felix Banzi said they found $50,000 on the woman in Muchelule's office and the $7,000 on Chitembwe who was in the same office.
However, in an inventory filed in court last week by lawyer Danstan Omari, and which was signed by all the officers present, it is not stated whether cash was found.
Officer Banzi said they received a complaint that some unidentified people approached select judges with a view to procuring favourable judgments.
"On July 21 at around 3pm, I was told by one of the complainants that after a series of meetings between certain judges and brokers, a figure of Sh7 million was arrived at and the bribe was to be delivered to the residence of a judge at 7pm," Banzi said.
He further said the venue was abruptly changed and rescheduled to the next day at 7.45am in one of the chambers at Milimani law courts.
He said due to the short notice they couldn't obtain a search warrant as required but he said the search was conducted according to the law.
Banzi told the court that they arrived in Milimani law courts at 7.30am and waited for the exchange of cash to take place.
"We waited around the relevant meeting area from our time of arrival until 2pm when information was received that the exchange was about to take place but at Chamber 230 which belongs to Justice Muchelule," the affidavit reads.
Banzi said the meeting was being organised by Justice Chitembwe who was allegedly found in the chambers.
He said they dashed to Muchelule’s chamber and upon searching, they found the money.
But even after taking the cash, the police insist they never arrested the judges as alleged by the Kenya Magistrates and Judges Association.
They have asked the court to dismiss the case filed by KMJA last week, arguing that they never harassed or arrested the judges.
Banzi says there is no affidavit sworn by either of the two judges who are interested parties in the case.
"At no point were the judges arrested as alleged by KMJA, they were only interviewed and recorded statements to assist with investigations," Banzi said.
He said the two judges and other persons of interest within the chambers were requested to accompany the officers to their offices for interviews.
According to the affidavit, the judges were voluntarily cooperative, the interviews were expeditious and they were left to continue with their duties.
“The application herein is an attempt to stifle and frustrate the DCI in performance of his constitutional mandate,” Banzi said.
The DCI further argued that it is within its legal framework that the present investigations were being undertaken.
“Once finalised, appropriate action will be taken in consultation with all relevant agencies and authorities provided by the law,” they said.
Banzi said at all times all persons including the judges were treated courteously and at no point were they harassed as alleged in court.
“The two judges and other persons of interest within the chambers were requested to accompany the officers to their officers for purposes of interview and statement recording aimed at assisting with the investigations,” the affidavit reads.
In the case, KMJA successfully obtained orders on Friday last week barring the police from arresting the two judges pending hearing and determination of their case.
The case was mentioned before Justice James Makau who extended the interim orders stopping the arrest of the two judges.
The case will be mentioned on October 18.
(Edited by V. Graham)
