Director of Public Prosecutions Noordin Haji now wants a case in which the Kenya Magistrates and Judges Association has challenged the prosecution of two judicial officers over Sh6 million bribery claims dismissed.
In an affidavit, Haji through State Counsel Becky Himlin Arunga, yesterday urged the court to throw out the KMJA petition arguing that the case is based on mere apprehension and therefore premature.
“The application has been filed in bad faith, misconception and an abuse of the court process,” Haji says.
Arunga avers that KMJA, through their chair Derrick Kutto, has failed to demonstrate that Haji abused the process over their arrest in a manner to trigger the High Court intervention.
Millions seized
He observes that he has not received any file against Justice Aggrey Muchelule and Justice Said Chitembwe for perusal and advice by the DCI in respect to the matter and is therefore a stranger to the suit.
His move comes days after the Directorate of Criminal Investigations George Kinoti claimed that his officers seized over Sh6 million during the arrest of the two judges in their chambers on July 22, 2021.
In documents filed in court last week, Kinoti through Chief Inspector Felix Banzi claimed that they recovered $50,000 from an unidentified woman in Justice Aggrey Muchelule’s chambers and another $7,000 from Justice Said Chitembwe chambers.
Haji and Kinoti have filed their responses in the suit by KMJA where they have challenged the arrest of the two High Court judges.
Ulterior motive
KMJA petitioned the court claiming that following their arrest, search and requirement to record statements over baseless prospective charges now are likely to be levelled against the two charges, it is clear that the impugned criminal proceedings have been commenced with an ulterior motive and are malicious.
Meanwhile, MPs want Interior Cabinet Secretary Fred Matiang’i summoned to explain the circumstances that led to the arrest of the two judges a fortnight ago.
Led by Homa Bay Town lawmaker Peter Kaluma, the lawmakers want Matiang’i to specifically explain circumstances surrounding the arrest of the duo in Milimani Law Courts.
Kaluma wants to be provided with information of the persons who instructed the arrest as well as the details of the police officers who effected the arrests.
“Could the Cabinet Secretary explain the circumstances surrounding the arrest of High Court Judges on July 2021? Could the CS also provide details of the police officers, by names and ranks who effected the said arrests?” Kaluma’s question reads.
Fred Azelwa.