DPP Haji says he has not received file on investigation against judges Muchelule, Chitembwe from DCI

Director of Public Prosecutions Noordin Mohamed Haji
Director of Public Prosecutions (DPP) Noordin Mohamed Haji. PHOTO | FILE

Director of Public Prosecution (DPP) Noordin Haji now says he has not received any investigation file for perusal and advise from the Directorate of Criminal Investigations (DCI) against High Court Judges Aggrey Muchelule and Said Chitembwe.

The DPP said that he is a stranger to the said investigations, if any.

In a replying affidavit by State counsel Becky Arunga, the DPP asked the court to dismiss the case filed in court by Kenya Judges and Magistrates Association (KJMA) challenging the arrest of the two judicial officers.

According to court documents, the DPP said the petition by KJMA has been made in bad faith as he has not taken any action in the matter.

“This application is a mere apprehension and premature in nature and an abuse of the court process,” read the court papers.

He further argued that every case investigated by the DCI and a decision made by the office of the DPP on whether or not to prefer criminal charges is based on whether or not there is sufficient evidence to make such a decision, and as such he is totally unaware of any evidence, if any, against the two judges.

Last week, the DCI claimed a total of Ksh.6 million was seized during a raid in which the two judges were arrested in Nairobi.

In an affidavit filed in court, Chief Inspector Felix Karisa Banzi said they recovered USD 50,000 from an unidentified lady in Justice Aggrey Muchelule’s chambers and a further 7,000 USD from Justice Said Chitembwe.

The two judges were listed as the first and second interested parties in the case filed by the KJMA.

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