The Kenya Magistrates and Judges Association (KMJA) has filed a case at Milimani law courts seeking orders to stop the arrest and prosecution of Justice Aggrey Michelle and Said Chitembwe.
Through their lawyers Danstan Omari, Cliff Ombeta and Shadrack Wambui, KMJA has condemned the arrest of the judges saying it was an arranged attack by the state meant to embarrass them.
The director of Public Prosecutions and the Directorate of Criminal Investigations (DCI) are the key respondents in the suit.
“The state having sworn to revisit the Judiciary is an affront on the independence of the judiciary. The actions of the judge’s arrest were meant to humiliate the judges and strip them of their dignity, “added Omari.
The petitioners are seeking to have orders stopping the state from further arresting or charging the two judicial officers in any court within the republic of Kenya.
“That the court be pleased to issue a conservatory order forthwith restraining the DPP and DCI their servants, agents or assistants from arresting, harassing, arraigning or charging the justices Muchelule and Chitembwe pending hearing and determination of the application,” KJMA says in the court documents.
Omari also wants the court to issue and order barring the two judges from taking plea in any criminal court within the jurisdictions until the petition is heard and determined.
“That without doubt following the arrest, search and being required to record a statement, the prospective charges against the judges are likely to be commenced in abuse of the court process with the singular objective of embarrassing them and are otherwise oppressive, vexatious and harassing, “Omari says.
He further claims that following their arrest, search and requirement to record statements over baseless prospective charges now are likely to be leveled against the two charges , it is clear that the impugned criminal proceedings have been commenced with an ulterior motive and are malicious.
According to court papers, the two Judges say that the DCI officers searched their offices on Thursday without having a search warrant but nothing was found at their offices to link them to the bribery allegations facing them.
The move comes after the two judges were arrested at their chamber or office at Milimani law court by detectives from Directorate of Criminal Investigations (DCI) headquarters and taken to Kiambu road where they were reportedly grilled over bribery claims.
