DCI, DPP barred from arresting, prosecuting Justice Mchelule

DCI, DPP barred from arresting, prosecuting Justice Mchelule
A photo of the DCI headquarters entryway along Kiambu Road

The Directorate of Criminal Investigations (DCI) and the Directorate of Public Prosecutions (DPP) are prohibited from detaining or prosecuting Justice Aggey Muchelule , according to directives granted by the High Court on Friday.

According to the court, the applicant, Justice Muchelule, was concerned that if the orders were not obtained, he would be arrested on fabricated allegations by the respondents.

“It is the applicant’s case that the respondents’ actions are arbitrary and, at any rate, contrary to the Constitution. He fears that going by the respondent’s unruly conduct, he is likely to be arrested or arraigned on trumped up charges,” High Court Judge Justice Ngaah said on Friday

The directives come just hours after the Kenya Judges and Magistrate Association accused the government of mischief and asked for an injunction prohibiting government authorities from arresting the two judges.

“To be precise, the leave granted hereby stays any decision or action to investigate, summon, arrest or charge the applicant on anything connected with the search conducted in the applicant’s Chambers on the 22nd day of July 2021 pending the hearing and the determination of the substantive motion or until such further orders that this Honourable Court may deem fit to issue,” High Court Judge Justice Ngaah added.

At the same time, the 1st and 2nd respondents, the Inspector General of Police and the Directorate of Criminal Investigation, have been given seven days to file and serve their submissions.

The applicant will also have seven days from the date of service of the respondent’s response to file and serve his submissions.

The highlighting of submissions will be on 28 September 2021

Earlier, while seeking the orders, the Magistrate and Judges Association argued that the respondents’ judgment and behaviour amounted to abuse of office, according to court documents filed on Friday morning at the Milimani law court.

According to Lawyer Danstan Omari who is acting for the Association , the woes that have beset the Judges have been orchestrated by the State.

“The due process was not followed, if there are issues, you first inform the JSC not proceed to arrest them,” Omari said on Friday “What were the charges? Who was the complainant, these people were arrested and released without bond”

The two Judges who are part of the six who were not appointed by President Uhuru, according to the Lawyer, are targets of the law-bending State.

“The game of the DCI was to get the Judges out of the chambers and then plant money there before conducting the search,” Omari added. “Why did they conduct a search without the Judges lawyers present”

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