In an affidavit filed in court, Muchelule says no money was recovered on him or his chambers on that day, a testimony that appears to disown Chitembwe.
“The woman on whom the alleged $50,000 was recovered was pushed into my chambers by the police,” Muchelule says in the affidavit.
He further claims Chitembwe went to his chambers to request they go to the judge’s lounge for tea and had introduced the woman he was with as a student seeking attachment.
“The recovery of the money on the woman and on the judge cannot be attributed to me,” the affidavit reads in part.
Judge Muchelule further argues the DCI is not saying when, if at all, he had asked for Sh700,00 recovered on judge Chitembwe or the $50,000 recovered on the woman.
“The DCI does not say that I and the woman were known to each other and I did not know that either the judge or the woman had any money and what it was for,” he claims.
The judge says despite not being found with anything, the officers arrested him, forced him into a police vehicle that was in a convoy of four or so other police vehicles, and drove him speedily to CID headquarters with sirens blazing.
“I was confined in a police office for over two hours before I was released after recording a statement, throughout this ordeal and despite demanding to know, I was not given the search warrant or nature of compliant,” he said.
It is his claim that the intimidation, search and arrest were unlawful and attack on his privacy, dignity, integrity and independence as a judge.
“The actions of the DCI and his officers violated my constitutional rights and freedoms under the law,” he says.
In the case, Kenya Judges and Magistrates Association moved to court and got orders stopping prosecution of Justices Muchelule and Chitembwe over the said raid of their offices.
In his affidavit filed last year, justice Chitembwe confirmed he had indeed been found with the Sh700,000 cash in US currency.
He said being found with dollars is not unusual as his family operates a foreign currency account.
Chitembwe wondered why the police suspected him of fraud when they found him in possession of $7,000 in his pocket when he was arrested alongside justice Muchelule in July last year.
He explained the dollars in question were in his pocket and he voluntarily surrendered them to the police although he intended to use the cash to pay for his sons’s school fees.
According to the affidavit, after the search in his chambers on July 22, he removed $7,000 from his pockets "for my son's school fees at Edith Cowan University, Perth Australia," which he handed to the police.
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