The LSK says the searches conducted by police officers in chambers and the questioning of justices Aggrey Muchelule and Said Chitembwe on July 22, last year significantly undermines public confidence in the Judiciary.
The two Judges were picked up for questioning by officers attached to the Directorate of Criminal Investigations (DCI) over claims that they had received a bribe from an unidentified woman.
The Law Society of Kenya (LSK) has supported a petition blocking the arrest and charging of two judges of the High Court over allegations of bribery saying the move by police last July was an affront to the independence of the Judiciary.
The LSK says the searches conducted by police officers in chambers and the questioning of justices Aggrey Muchelule and Said Chitembwe on July 22, last year significantly undermines public confidence in the Judiciary.
The two Judges were picked up for questioning by officers attached to the Directorate of Criminal Investigations (DCI) over claims that they had received a bribe from an unidentified woman. They were questioned for hours before being released.
Justice Chitembwe later admitted that he was holding about Sh700,000 in US currency in his pocket when police officers raided his office. He later explained that the money was meant for payment of school fees for his son who is studying at a university in Australia.
Kenya Judges and Magistrates Association (KMJA) later moved to court and block any further arrest or charging of the two judges, pending the determination of the petition.
Justice Jairus Ngaah issued temporary orders barring the prosecution of the two judges and blocked any further searches in the chambers, pending further orders.
LSK acting secretary Florence Muturi says the police should have notified the Chief Justice of the impending arrest of the judges and the search, for her consent.
“That, the arrest of the judicial officers on 22nd July 2021, the searches conducted in their chambers and the interrogation thereto departs from best practices from comparative jurisdictions that have been put in place to safeguard confidence in the judiciary and the separation of powers principle,” she said in an affidavit.
Ms Muturi said the arrest, search and interrogation has ramifications that may impact adversely the administration of justice, which may ultimately affect the dispensation of justice.
“Any arrest on a sitting judge should await the outcome of proceedings by the Judicial Service Commission (JSC),” she said.
Following the raid last year, the police said they recovered US $57,000 (Sh6.1 million) from the chambers of Justice Chitembwe.
Justice Chitembwe, who is facing several complaints of misconduct before JSC said the three police officers who raided the chambers brought an unidentified lady, and allegedly recovered US$50,000 after a search.
“That after the search, I did remove from my pockets USD 7,000 that I had been having with me for purposes of paying for my son’s school fees at the Edith Cowan University Perth Australia and handed over the same to the officers,” he said.
The Judge through his lawyer Dunstan Omari said it is wrong for the police to mislead that they are the ones who recorded the money. He said he and his wife has kept a dollar account in her name for over three years and as such, it was not unusual for him to have US dollars.
Mr Felix Karisa, an officer attached to the Directorate of Criminal Investigations (DCI) claimed that they were tipped that some judicial officers were to be bribed so that they could deliver favourable judgments and rulings.
