This archive report was first published on 24 July 2021.
July 24, 2021 - Nairobi, Kenya - The High Court has intervened in a graft probe involving two judges, Justices Aggrey Muchelule and Said Chitembwe, by barring the Director of Public Prosecutions (DPP) and the Director of Criminal Investigations (DCI) from arresting and charging them.
Justice James Makau issued a conservatory order on Friday, July 23, restraining the DPP and the DCI from taking any action against the two judges until a petition filed by the Kenya Magistrates and Judges Association is heard and determined.
According to the order, the petition should be served upon the DPP Noordin Haji and DCI George Kinoti within four working days, after which they should respond within four days. The matter is set to be mentioned on July 29, 2021, to confirm compliance.
The move by the DCI to investigate the two judges has elicited mixed reactions, with the Judges and Magistrate’s Association terming the action “an attack on the judiciary.”
Chief Justice Martha Koome and Director of Public Prosecutions (DPP) Noordin Haji have said they were not formally notified of the move.
Justice Muchelule was among the four High Court judges whose promotion to the appellate court was rejected by President Uhuru Kenyatta over alleged integrity issues. He is currently attached to the Family Division.
Justice Chitembwe was among judges and lawyers who were interviewed for the position of Chief Justice to succeed David Maraga in April.
