High Court Judge Justice Said Chitembwe has told a Nairobi court how a woman carrying over Ksh5 million was planted by police officers during the infamous raid by detectives from the Directorate of Criminal Investigations (DCI) on July 22, 2021.
In court documents seen by Kenyans.co.ke, Chitembwe stated that police officers brought in a woman allegedly under police custody and recovered Ksh5.5 million from her after they searched her.
At the time, justice Chitembwe had visited his colleague's Aggrey Muchelule’s chambers seeking his company as he went for a cup of tea.
“The said officers also brought into chambers of the 1st interested party (Muchelule) an unidentified lady seemingly under arrest and without introduction to us, proceeded to the toilet where she was searched and $50,000 ( over Ksh5.5 million) allegedly recovered from her," reads a excerpt of the affidavit.
Chitembwe added that the officers escorted him to his chambers and conducted a search but did not get anything.
The justice stated that he had USD 7,000 (Ksh700,000) in his pocket which he handed the officers after the search. He noted that the money was meant for his son's school fees at the Edith Cowan University in Perth, Australia.
“...as a family we have kept a dollar account under my wife’s name for over three years and as such it’s not unusual or suspect for me to have US Dollars in my possession as its proposed by the DCI...
"There was no seizure of the said amount from me as I voluntarily handed the same over to the officers and a search Certificate was issued to that effect," he continued.
Chitembwe disclosed that he was waiting for the appropriate time to go to the bank to get help and advice on how to transfer the money directly to the university as requested by his son.
He lamented that the officers did not tell him what crime was being investigated against him, who his accusers were, why his chambers were invaded and searched without a warrant, and why the Judicial Service Commission and Chief Justice were never informed of the purported invasion and unlawful search.
The judge testified in a case where the Kenya Judges and Magistrates Association (KMJA) has sued the DCI and the Directorate of Public Prosecutions (DPP) to stop prosecution of the two judges.
The DCI has denied arresting the two judges. The authority stated that the duo had been requested to accompany the police to DCI headquarters for purposes of recording statements.
However, Chitembwe describes the ordeal as an embarrassing arrest where he was "roughed up for no crime".
